Radiculopathy & sciatica decisions — 2009

The Board has determined that there is no evidence of a left shoulder disability or radiculopathy to the arm, and thus service connection cannot be established.

The Veteran's appeal is being remanded for further examination and development of his claims, including a reevaluation of his low back disability and the claim for individual unemployability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling examinations to evaluate his chronic myofascial pain and left lower extremity radiculopathy.

The Veteran's claims for increased ratings for lumbar spine arthritis, left leg radiculopathy, and right leg radiculopathy have been granted. The Veteran is currently rated at 20 percent for each of these conditions.

The Veteran's claims for service connection for restless leg syndrome, bilateral sciatica, and arteriosclerotic vessel disease with claudication of the lower extremities are denied as there is no evidence or opinion linking these conditions to his military service, including presumed Agent Orange exposure.

The Veteran's low back disability and related sciatica of the lower extremities are being reviewed to determine if they render him unemployable.

The Veteran's appeal for initial ratings in excess of 10 percent for sciatica of the right and left lower extremities has been withdrawn.

The VA did not find that the Veteran's current left upper extremity complaints were caused by a fault on the part of the VA in providing medical treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's claims for increased rating and service connection were denied. The Board found no evidence of incapacitating episodes or a current diagnosis of radiculopathy or bilateral hip disability.

The Board has determined that the Veteran should undergo VA examinations to assess his upper back disability, lumbar spine disability, and radiculopathy. The case is also remanded for additional development related to vocational rehabilitation and updated treatment records.

The Veteran's unauthorized medical expenses incurred on January 23, 2005 for non-VA hospital treatment are granted as the condition was judged to be emergent by a prudent layperson.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on October 28, 2007 is granted due to the presence of a service-connected disability and the emergency nature of the treatment.

The Board has determined that the Veteran's radiculopathy of the right lower extremity, which is associated with his service-connected lumbar spine disability, meets the criteria for service connection.

The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.

The Veteran's nonservice-connected disabilities include degenerative disc disease of the lumbar spine, moderate L5 radiculopathy, left S1 radiculopathy, and hepatitis C. His combined disability rating is 40 percent. The Board found that his disorders fail to meet the minimum schedular rating for consideration of a nonservice-connected pension.

The Board has granted service connection for lumbar spine arthritis and DDD with left lower extremity radiculopathy, bilateral inguinal hernia, and loss or damage to teeth numbers 6 through 9 and 22 through 26. The Veteran's current disabilities are found to be related to his active service.

The Veteran is seeking an earlier effective date for the grant of service connection for intermittent radiculopathy, left lower extremity. The case is being remanded to clarify representation and adjudicate a claim of clear and unmistakable error (CUE) in previous rating decisions.

The Veteran's service-connected postoperative residuals of degenerative disc disease of the lumbosacral spine are rated at 60 percent, and the criteria for a higher rating have not been met.

The Veteran's appeals for arthritis, sciatica, and seasonal rhinitis were withdrawn prior to the Board making a decision. The appeal for right knee degenerative joint disease and left knee degenerative joint disease is being remanded for additional development.

The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine with sciatica is being remanded due to the need for additional development, including obtaining updated VA treatment records and a new VA examination.