Radiculopathy & sciatica decisions — 2013

The Veteran's radiculopathy of the right upper extremity (dominant) has been rated at 30 percent, effective from the date of this decision.

The Veteran's lumbar spine disability was rated at 20 percent prior to September 7, 2007. The Board found that the evidence did not support a higher rating based on range of motion or ankylosis.

The Veteran's claim for an increased rating for sensory neuropathy of the sciatic nerve of the right foot is being remanded due to the need for additional development, including a VA medical examination.

The Veteran's appeal includes a claim for an increased rating for her lumbar sprain and strain, currently rated at 20 percent. She also has a claim for TDIU based on all of her service-connected disabilities. The case is being remanded to obtain updated examinations and ensure compliance with prior remand directives.

The Veteran's appeal is being remanded to obtain updated VA examinations and additional medical records. The goal is to determine the current severity of his service-connected disabilities, including right and left shoulder injuries, low back strain with degenerative joint disease, left ankle injury, left elbow injury, and radiculopathy of the right lower extremity.

The Veteran's chronic low back disability, diagnosed as lumbosacral disc disease with left-sided sciatica, had its onset during his active military service. The Board finds in favor of the Veteran and grants his claim for service connection.

The Board has determined that the Veteran does not have a current right lower extremity radiculopathy disability and his left lower extremity radiculopathy is currently rated as 10 percent disabling. The initial ratings for depression prior to July 6, 2011 and since that date are also denied.

The Veteran's bilateral sciatica (claimed as pain, tingling, and numbness in the legs and feet) is found to be secondary to his service-connected lumbar spine disability.

The Board has determined that the severance of service connection for degenerative joint disease of the lumbar spine with right lower extremity radiculopathy, entitlement to TDIU, and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was not proper due to lack of clear and unmistakable error in the original grant of service connection.

The Board has granted service connection for degenerative disc disease of the lumbar spine with bilateral lower extremity radiculopathy and kidney stones, both incurred in active service.

The Veteran's increased rating claim for her service-connected lumbar spine disability was denied. The effective date is not specified.

The Veteran's claim for an increased evaluation for DJD of the lumbar spine has been granted, with a rating of 40 percent effective August 5, 2011. A separate 10 percent rating is also granted for left leg radiculopathy associated with the service-connected DJD of the lumbar spine.

The Veteran's low back disability and radiculopathy of the right lower extremity have been evaluated at their current levels, with no higher ratings granted.

The Board found no current diagnosis of right or left lower extremity radiculopathy and denied service connection for these conditions.,The Veteran's low back disorder with degenerative changes was previously rated at 20% prior to May 8, 2009.

The Board has granted service connection for bilateral lumbar radiculopathy of the toes and feet as secondary to service-connected lumbosacral strain. The claim for meralgia paresthetica is remanded for further clarification.

The Veteran's claim for TDIU prior to November 17, 2010 is being remanded due to the need for referral to the Director of Compensation and Pension Services for extraschedular consideration.

The Veteran's private medical expenses for emergency treatment on September 17, 2012 were not reimbursable as the treatment was not rendered in a medical emergency and VA facilities were feasibly available.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied increased ratings for right and left lower extremity radiculopathy, as well as service connection for a duodenal ulcer and gastroesophageal reflux disease (GERD) secondary to the Veteran's back disability. The appeal was not about TDIU.

The Board has determined that there is no evidence of a service connection for the Veteran's back disorder, and any current symptoms are not related to his military service.