Radiculopathy & sciatica decisions — 2011

The Veteran's appeal involves multiple service-connected disabilities, including back and nerve pain conditions. The RO is directed to schedule the Veteran for a VA examination to assess the current severity of his spine and nerve pain conditions. Additional treatment records are also needed.

The Veteran's cervical spine disability is currently rated at 30 percent, which does not meet the criteria for a higher rating.,The Veteran's cervical radiculopathy of the left upper extremity and right upper extremity are both currently rated at 20 percent, which also do not meet the criteria for a higher rating.,The Veteran's tinea versicolor is currently rated at 30 percent, which does not meet the criteria for a higher rating.

The Board found that the Veteran's treatment for a painful left elbow did not meet the criteria for emergency treatment, and thus denied his claim for payment or reimbursement of unauthorized medical expenses.

The Veteran's appeal for a higher rate of payment in excess of 50 percent for educational assistance under Chapter 33, Title 38, United States Code was denied as she did not meet the criteria for discharge from active duty due to service-connected disability.

The Veteran's appeal is being remanded due to the need for additional VA outpatient treatment records and information from private providers. The right knee sciatic nerve irritation issue will be reconsidered.

The Veteran's appeal is being remanded for further evaluation due to the need for updated VA treatment records and a new VA examination.

The Board found that the Veteran's spine disability pre-existed service and was not aggravated by military service. The Veteran does not have a bilateral lower extremity neuropathy proximately due to or the result of a service-connected disability, or incurred in or aggravated by service.

The Board has determined that the Veteran does not have a back disability or radiculopathy/neuropathy of the lower extremities that is attributable to his active military service.

The Board finds that the Veteran's tinnitus is at least as likely as not a disorder due to acoustic trauma as a helicopter pilot in service. Service connection for tinnitus is granted.

The Board has granted an effective date of May 18, 2006 for the award of separate 20 percent evaluations for right and left lower extremity radiculopathy as secondary to service-connected low back disability.

The Veteran's claims for increased ratings for his service-connected low back disorder and radiculopathy, S1, lower extremity were granted by the Board. The case was remanded multiple times for additional development.

The Veteran's service-connected disabilities have not resulted in the permanent loss or use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, he is not entitled to financial assistance for automobile and adaptive equipment.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling examinations to determine the severity of his left lower extremity radiculopathy and whether he is unemployable due to service-connected disabilities.

The Veteran seeks service connection for injuries sustained during active duty, but the RO denied his claim due to a finding of willful misconduct. The Board has ordered remand to determine if the Veteran's actions were influenced by delusional thinking or impaired judgment.

The Board denied service connection for a back disorder with right lower extremity radiculopathy and bilateral hearing loss, finding no evidence of current disability or in-service occurrence or aggravation.

The Board found that the Veteran's substantive appeals for service connection were not timely filed, and thus denied these claims.

The Board has remanded the case for additional development, including obtaining medical opinions and scheduling examinations. The Veteran's claims for service connection for a back disorder and increased ratings for knee disabilities are pending.

The appellant has withdrawn his appeal for increased ratings for lumbosacral strain with degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. As a result, the Board dismisses the appeal.

The Board has determined that the Veteran does not meet the basic eligibility requirements for VA non-service-connected pension benefits due to his discharge from service due to character concerns, and there is no evidence of a current disability or in-service injury/illness linking any claimed conditions.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for low back disability and left leg pain. However, both claims remain denied as there is no direct or secondary service connection established.