Radiculopathy & sciatica decisions — 2010

The Board has determined that the appellant's low back disability, right leg radiculopathy, and degenerative joint disease of the right knee are all service-connected. The decision affords the benefit of doubt to these claims.

The Veteran's appeal is being remanded to obtain additional information regarding bed rest and work history, as well as a new VA examination to determine the impact of his sciatica on his ability to work.

The Board has remanded the case for additional development, including a VA examination and obtaining Social Security Administration records.

From May 9, 2008, the Veteran's lumbosacral spine radiculopathy is manifested by a herniated disk with nerve root impingement of the L5-S1 nerve distribution causing moderate to severe impairment, including pain, numbness and weakness of the left lower extremity and foot. The VA has granted a 40 percent rating for this condition.

The Board denied the Veteran's claims for increased evaluations for her mechanical low back pain, finding that the evidence did not support a higher evaluation prior to December 18, 2007 and on or after December 18, 2007.

The Veteran's claims for service connection for a dental disorder and back condition with intermittent radiculopathy and sciatica were denied. The claim for the dental disorder was denied as it is not compensable under VA regulations, while the claim for the back condition was denied on the basis that there was no evidence linking the current disability to service or service-connected conditions.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA hospital on February 23, 2007 is granted due to the presence of an emergency condition and the unavailability of VA facilities.

The Board granted a 60 percent disability rating for sarcoidosis with pulmonary fibrosis and hilar adenopathy since November 19, 2004. The Veteran's sarcoidosis has manifested by pulmonary involvement requiring systemic high dose (therapeutic) corticosteroids for control.

The Board has determined that the Veteran's service-connected lower back disability warrants a rating of 20 percent, effective from the date of his claim. The Veteran is also granted an additional 10 percent rating for sciatica of the right lower extremity.

The Board found no evidence of a current left shoulder or cervical spine disorder that is related to service. The Veteran's symptoms are more likely due to post-service injuries and accidents.

The Veteran's left sciatic radiculopathy has been rated at 10 percent since the grant of service connection in August 2006. The evidence does not support a higher rating as there is no more than mild neurologic manifestations.

The Board has determined that there is no competent evidence linking the Veteran's depression or radiculopathy of the lower extremities to service-connected fibromyositis, lumbar paravertebral muscles. The claims for service connection are therefore denied.

The Board found that the Veteran's service-connected disabilities did not preclude him from engaging in substantially gainful employment prior to November 14, 2003. Effective November 14, 2003, secondary service connection was granted for a psychiatric disorder due to his back disability.

The Veteran's appeal is being remanded to obtain additional Social Security Administration (SSA) records and medical records related to his SSA disability determination. The claim will be readjudicated after these records are obtained.

The Veteran claims service connection for a sciatic nerve disorder, which he alleges was caused by penicillin injections during basic training. The RO is directed to attempt to obtain any outstanding service treatment records and SSA disability benefits decision and supporting medical documents.

The Board found that new and material evidence had been submitted to reopen the claim of service connection for a thoracic spine disorder. However, the preponderance of the probative evidence is against finding that the Veteran's current thoracic spine disorders are related to his military service.

The Veteran's request to reopen his previously denied claim of service connection for bilateral hearing loss was denied. The Board found that the evidence did not establish a link between his current hearing loss and military service.

The Veteran's cervical strain with degenerative disc disease is currently rated at 10 percent, and radiculopathy of the left upper extremity as of October 13, 2009, also warrants a 10 percent rating.

The Board has determined that the Veteran's right leg radiculopathy is not proximately due to or the result of his service-connected exostosis of the right lateral malleolus.