Radiculopathy & sciatica decisions — 2010

The Veteran's claim for service connection for a low back disability with left leg radiculopathy has been reopened, and the Board finds that new and material evidence has been received. The decision to sever service connection for right ear hearing loss was not proper, as the Veteran now meets the regulatory requirements for service connection.

The Veteran's cervical spine disability is currently rated at 20 percent, and his left upper extremity radiculopathy is also rated at 20 percent. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's low back disability and associated radiculopathy of the lower extremities have been rated based on their severity, with a 40 percent rating for the low back disability since July 1, 2007. The ratings for radiculopathy are also at the maximum allowed.

The Veteran's appeal is being remanded for further development, including a new VA examination of his back disability and consideration of TDIU.

The Board has determined that the Veteran's L4-5 disc disease with an old compression fracture warrants a 60 percent evaluation, reflecting severe limitation of motion and incapacitating episodes.

The Veteran's TDIU claim is being remanded due to the need for further development and consideration of his reported effects of pain medication on his employability.

The Veteran's unauthorized medical expenses incurred on August 31, 2006 at St. Vincent Medical Center in Toledo were not reimbursable due to lack of prior authorization and the fact that VA facilities were feasibly available.

The Veteran's appeal is being remanded to obtain a new VA examination and additional medical records, as the current evidence does not reflect his current state of disability.

The Veteran's gastroesophageal reflux disease was not incurred or aggravated by service, and his lumbosacral sprain with radiculopathy and degenerative changes is rated at the maximum allowable under VA regulations. The TDIU claim for a specific period of time remains pending.

The Veteran's appeal is being remanded for further evidentiary development, including additional examinations and a dose estimate for his service-connected disabilities.

The Veteran is seeking service connection for a cervical spine disability and right lower extremity radiculopathy that he believes are related to his service-connected lumbar spine disability. The Board has determined that additional development, including VA examinations, is needed before the claims can be decided.

The Veteran's thoraco-lumbosacral strain is currently rated at 40 percent. The initial evaluations for lumbar radiculopathy of the left lower extremity are granted, with noncompensable ratings prior to December 28, 2005; a compensable rating from December 28, 2005 to March 2, 2007; and a noncompensable rating after March 3, 2007.

The Veteran's right lower extremity sciatica is service connected, but his cervical spine degenerative disc disease does not warrant a higher initial evaluation.

The Board has determined that the Veteran's current low back disability is attributable to an in-service injury, and therefore grants service connection for a lumbosacral spine disability.

The Veteran's appeal is being remanded to the RO for further development, including a VA examination and consideration of his claim for an increased rating for low back disability.

The Board found that there is no evidence of a left hand disability or radiculopathy of the back during service, and post-service medical records do not support these conditions. Therefore, the claims for service connection were denied.

The Veteran's service-connected lumbar spine disability is rated at 20 percent, with separate ratings for radiculopathy of the left and right lower extremities. The Veteran also has painful scars from her back surgeries.

The Veteran's unauthorized medical expenses incurred at Alegent Health Mercy Hospital in Council Bluffs, Iowa on April 13, 2008 are denied as the evidence does not meet the criteria for reimbursement under VA regulations.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an increased evaluation of his low back strain with parathesias, degenerative disc disease and bilateral radiculopathy is being remanded due to the need for additional development including a neurological examination.