Radiculopathy & sciatica decisions — 2011

The Veteran's claims for higher ratings for his mid-back disability and associated radiculopathy are being remanded due to the need for additional medical examination and opinion.

The Board has granted service connection for degenerative disc disease of the lumbar spine and right leg radiculopathy, finding that these conditions are causally related to service.

The Board has determined that the grant of service connection for sciatic neuropathy, left lower extremity was not clearly and unmistakably erroneous. As a result, service connection is restored.

The Veteran's claims for service connection are being remanded due to the need for additional VCAA notice and VA examinations.

The Veteran's initial ratings for her service-connected degenerative disc disease of the thoracolumbar spine have been denied as they do not meet the criteria established under VA rating criteria.

The Veteran's appeals were denied for increased ratings and an earlier effective date for TDIU.

The Veteran's low back disability, including radiculopathy of the lower extremities, is rated at 40 percent for its orthopedic manifestations and 20 percent each for the right and left lower extremity disabilities since March 3, 2010.

The Board found that the reductions in ratings for cervical spine degenerative disc disease, right C6 radiculopathy, and a cervical spine fusion scar were proper based on improvement in the Veteran's conditions.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his low back disability and associated lower extremity radiculopathy.

The Board has remanded the case for further development due to conflicting medical opinions and inconsistencies in the examination findings.

The Veteran's appeal was granted, with the service-connected GERD and IBS receiving an initial rating of 30 percent effective April 19, 2009. The low back disability received a higher initial rating of 40 percent effective that date.

The Board finds that the Veteran's service connection claims for disc herniation, lumbar spine and radiculopathy of the lower extremities are granted as they are at least in equipoise with evidence supporting these conditions being related to his military service.

The Board denied the Veteran's claims for increased ratings for his service-connected left and right lower extremity sciatic nerve involvement, as well as his claim for special monthly compensation based on loss of use of the left leg. The evidence did not show that the Veteran's conditions met the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's unauthorized medical expenses incurred at Johnson City Medical Center on June 5, 2009 were approved as the treatment was for a condition of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. Additionally, VA facilities were not feasibly available.

The Veteran's TDIU claim is being remanded due to the inadequacy of the VA examination and the need for an addendum opinion. The examiner should consider all evidence, including the SSA finding that the Veteran lacks functional capacity for sedentary work.

The Board found that the Veteran did not have sciatic nerve damage of the legs during service or since discharge, and that it is less likely than not related to his service-connected low back disability. As a result, the claim for service connection was denied.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as a matter of law because the injury occurred during his employment with VA, not in the course of any VA medical care or treatment.

The Veteran's appeal for higher ratings on his lumbar and cervical spine DDD, as well as left lower extremity lumbar radiculopathy, was granted. The current ratings are 40% for the lumbar spine DDD, 30% for the cervical spine DDD, and 10% for the left lower extremity lumbar radiculopathy.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability and any related radiculopathy. Service connection will also be considered for right lower extremity radiculopathy.

The Veteran's sciatica of the right lower extremity is rated at 10 percent since January 11, 2003. The Veteran's sciatica of the left lower extremity was not found to warrant a separate rating prior to November 30, 2007.