Radiculopathy & sciatica decisions — 2009

The Veteran's claims for service connection for right ear hearing loss, right ankle disorder, right knee disorder, right hip disorder, and low back disorder (sciatica) have been denied as there is no evidence of a nexus between these conditions and his active service.

The Veteran's TDIU claim is remanded due to the need for further development and consideration of new claims, including service connection for a depressive disorder and an increased evaluation for his low back disability. The case may be referred for extraschedular consideration if appropriate.

The Veteran's appeals for increased ratings and service connection have been dismissed as he has withdrawn his claims.

The Board has determined that the Veteran's low back disability warrants a 10 percent rating, effective from the date of the decision. The Veteran also has been granted entitlement to a separate 10 percent rating for his left lower extremity radiculopathy.

The Board has remanded the case for further development, including whether the Veteran's current cervical and degenerative joint disease are related to any federalized period of service in the West Virginia Air National Guard.

The Veteran's lumbar spine degenerative disc disease with left lower extremity radiculopathy is currently rated at 60 percent, and her adjustment disorder with depressed mood associated with the same condition is rated at 50 percent. Both ratings are granted.

The Veteran's appeal is being remanded for further development, including obtaining SSA records related to his disability benefits.

The Veteran's cervical spine disability and fibromyalgia or sciatica were not found to be related to service, and the Board denied these claims.

The March 25, 2004 VA examination and May 11, 2004 bone marrow biopsy did not result in any additional disability to the Veteran.

The Veteran's service-connected disabilities render her unemployable, and the Board has granted a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's claim for an evaluation in excess of 60 percent for his left L4-S1 radiculopathy with dorsolumbosacral paravertebral myositis and a dissicated and bulging disc at L5-S1 was denied. The maximum schedular rating has been assigned.

The Veteran's claims for separate ratings for tinnitus, a higher rating for his lumbar spine disability, and a compensable rating for sciatica of the right lower extremity were denied. The maximum schedular rating for tinnitus has been assigned, and the Veteran's lumbar spine disability is rated at 10 percent due to its current limitations. Sciatica of the right lower extremity was granted as part of his service-connected lumbar spine disability.

The Board found no evidence of a relationship between the Veteran's current cervical spine disability with radiculopathy and his military service.

The Veteran's claims for increased ratings have been denied. The initial rating of 20 percent for the back disability prior to May 30, 2006 and the initial rating of 40 percent from that date are not supported by the evidence. The Veteran's radiculopathy has also not met the criteria for a higher rating.

The Veteran's service-connected lumbosacral strain does not meet the criteria for a higher rating, and his neurological abnormalities do not warrant separate evaluations.

The Veteran's claims for PTSD, lumbar radiculopathy as secondary to peripheral neuropathy, increased ratings for peripheral neuropathy of the right and left lower extremities, and total disability rating based on individual unemployability due to service-connected disabilities were all denied.

The Board has determined that the Veteran's unauthorized medical expenses incurred at Central Florida Regional Hospital on February 11, 2006 were reimbursable due to an emergent medical condition and because VA facilities were not feasibly available.

The Veteran's radiculopathy, right and left lower extremities, were granted a 10 percent evaluation each. The decision is based on the service-connected nature of these conditions.

The Veteran's initial claim for a higher rating for his cervical spine disability was denied. The RO assigned an initial 10 percent rating effective July 7, 2004, and later increased the rating to 20 percent from January 30, 2009.

The Board has determined that the Veteran's current lumbar spine disability is related to an in-service injury and has granted service connection for this condition.