Radiculopathy & sciatica decisions — 2011

The VA determined that there is no evidence linking the appellant's lower back disability to his service-connected cervical spine disorder, and thus denied the claim for secondary service connection.

The Board denied the Veteran's claims for service connection for L5-S1 small disc protrusion with degenerative disease, sciatica with neuropathy, and a left knee disorder, finding that these conditions are not etiologically related to or aggravated by service-connected disability.

The Board denied the Veteran's claims for increased ratings for his service-connected low back strain, right lower extremity radiculopathy, and left lower extremity radiculopathy. The criteria for higher ratings were not met.

The Board found that the reduction of disability compensation benefits to 10 percent, effective March [redacted], 2006, due to incarceration for a felony conviction was proper.

The Board has determined that additional development is needed to determine the appellant's service connection claim for diabetes mellitus and his claim for compensation under 38 U.S.C.A. § 1151 for residuals of a spinal cord stimulator implantation.

The Board finds that the Veteran's lumbar spine disorder is not related to service, and his cervical spine disorder was not caused or aggravated by a service-connected disability. Therefore, both conditions are denied.

The Board finds that the Veteran's claimed neck disability and cervical radiculopathy did not have their onset in service or are otherwise related to active duty. The evidence does not support a finding of chronic disabilities.

The Board has determined that the appellant's low back disability is manifested by severe limitation of motion and grants a 40 percent rating, which is the highest available under the old schedular criteria. The left lower extremity radiculopathy issue remains in appellate status.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional medical examinations, consideration of new evidence, and further development.

The Veteran's unauthorized medical expenses incurred at Shands Live Oak on November 10, 2009 are 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.

The Board has determined that the Veteran's current low back disorder is etiologically linked to his active duty service, and thus grants entitlement to service connection for a low back disability.

The Veteran's service-connected disabilities are of such severity so as to preclude substantially gainful employment, and she is therefore entitled to a TDIU rating.

The Veteran's claims for increased evaluations for lumbosacral strain and right lower extremity radiculopathy are being remanded to obtain additional medical records, provide the Veteran with a current examination, and ensure all development actions have been completed.

The Veteran's claim for spousal aid and attendance benefits is granted with an effective date of June 29, 2007.

The Veteran's lumbar spine disability did not meet the criteria for a higher initial rating as it did not result in forward flexion of the thoracolumbar spine less than 60 degrees, or combined ranges of motion less than 120 degrees.

The Board denied the Veteran's claims for service connection for thoracic spine disorder, lumbar spine disorder, and right shoulder disability. The claim for an increased rating for sciatic nerve paralysis was also denied.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the left lower extremity warrants a separate 10 percent rating. The Veteran's right lower extremity radiculopathy does not meet criteria for an increased rating.

The Veteran's service-connected low back disability is rated at 40 percent, and the Board has granted a temporary total rating for one month following percutaneous disc nucleoplasty. The Veteran also received an examination for his left knee condition and psychiatric disorder.

The Veteran's claims for increased ratings for his right hip disability and right lower extremity radiculopathy are being remanded due to the need for additional development of medical records.