Radiculopathy & sciatica decisions — 2008

The Board has remanded the case due to the need for further examination and review of the claims file, including VA medical records.

The Board has determined that the veteran's radiculopathy of the left lower extremity does not warrant a rating in excess of 10 percent.

The veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the lower extremities were denied. The RO found that the veteran did not meet the criteria for higher ratings under the applicable diagnostic codes.

The veteran's service-connected degenerative disc disease of L5-S1, right S1 radiculopathy (claimed as a right hip disorder), subacromial impingement and rotator cuff tendonopathy of the right shoulder, and subacromial impingement and rotator cuff tendonopathy of the left shoulder are each rated at their maximum allowable evaluations. The veteran's bilateral otitis externa is not currently manifested by any symptoms.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling examinations to assess the veteran's service-connected disabilities. The claims for increased evaluations, special monthly compensation based on aid and attendance need, and secondary service connection will be held in abeyance pending completion of these actions.

The Board has ordered a remand for further development due to the need for additional medical examinations and records. The veteran's service-connected cervical radiculopathy (left shoulder impingement) is being evaluated, with consideration of any additional impairment in his left hand and wrist.

The Board has determined that service connection for the February 2003 low back epidural injection is not warranted due to it being a non-service-connected condition. The issues of evaluation of migraine headaches, degenerative disc disease of the lumbar spine with complaints of sciatica, entitlement to TDIU, and nonservice-connected pension are remanded.

The Board has determined that the veteran's claims for service connection for various conditions, including spinal injury with cervical spur and lumbar arthritis, cervical spine radiculopathy, viral syndrome, hyperlipidemia, bilateral leg cramps, weight gain from reduced physical mobility, concussion, dizziness, seizures and cerebral vascular accident, throat disability (trouble swallowing), disability of the abdomen and viscera, and bilateral foot disability were denied due to lack of evidence supporting these claims.

The veteran's left lower extremity radiculopathy has not been manifested by a moderately severe incomplete paralysis of the sciatic nerve since September 23, 2002. The claim for a higher rating is denied.

The Board has remanded the case due to insufficient examination reports addressing the veteran's lumbar spine condition during his entire relevant period of service, including dishonorable service.

The Board denied service connection for left ulnar release and carpal tunnel syndrome as secondary to the service-connected left wrist disability. Service connection for hepatitis C, allergies, and bronchitis was also denied.

The Board has granted a 20 percent evaluation for the veteran's degenerative disc disease of the lumbosacral spine, effective from July 21, 1976. Additionally, the Board found that the veteran is entitled to a separate initial evaluation of 10 percent for right lower extremity radiculopathy.

The Board has determined that the veteran's treatment at Tahlequah City Hospital on March 7, 2004 was rendered for a medical emergency and that federal facilities were not feasibly available to him. Therefore, payment or reimbursement of unauthorized private medical expenses incurred on that date is granted.

The Board has determined that the veteran's intermittent sensory radiculopathy of the left lower extremity warrants a 10 percent disability rating, as it is currently productive of mild incomplete paralysis of the sciatic nerve.

The Board denied the veteran's claims for increased disability ratings for his left shoulder, cervical spine, and left upper extremity radiculopathy disabilities. The veteran was not granted service connection for depression.

The veteran's lumbar spine disability, including radiculopathy of the left lower extremity, is rated at 20 percent effective September 8, 2005.

The Board dismissed the appeal of the issue regarding an increased rating for radiculopathy of the left lower extremity due to a failure to timely file a substantive appeal.

The veteran's appeal is being remanded for further development, including obtaining medical records and arranging for a VA pension examination to determine the nature, extent, and severity of his disabilities.

The veteran's claims for service connection on multiple conditions are being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Board granted the veteran's claims for increased ratings and service connection. The veteran was awarded a 60 percent rating for his service-connected lumbar myositis with herniated nucleus pulposus, L4-L5 bilateral radiculopathy from October 16, 1998.