Radiculopathy & sciatica decisions — 2013

The Veteran's claim for an increased rating for diabetes mellitus was denied as his condition did not require regulation of activities to treat it. The Board found that the evidence did not show any additional separately compensable complications of diabetes.

The Veteran's low back disability with radiculopathy was granted an increased rating of 40 percent effective December 12, 2011.,The Veteran's radiculopathy of the left lower extremity was granted a separate rating of 20 percent effective December 12, 2011.

The Board has remanded the case for additional development, including obtaining outstanding treatment records and scheduling a VA examination. The Veteran's claim is based on direct service connection as well as secondary to his service-connected DJD of the lumbar spine.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of any relevant medical records.

The Veteran's claims are being remanded for additional development, including obtaining medical records and clarifying the nature of his service-connected disabilities.

The Board found that there is no evidence to support service connection for scintillating scotoma, DJD of the left and right hips, or sciatica of the left hip/leg. The Veteran's current conditions are not related to her active duty service.

The Board has remanded the case for additional development, including obtaining relevant VA treatment records and confirming which 'Mercy' facility treated his back in 1963 and 1971.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral lower extremity radiculopathy, render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated at 40 percent, while the radiculopathy of the bilateral lower extremities received staged ratings.

The Veteran's initial claim for a higher rating for cervical spine strain was granted under 38 U.S.C. § 1151, but his secondary claim for benefits related to left arm radiculopathy and degenerative disc disease of the cervical spine was denied.

The Veteran's cervical spine disability is rated at 20 percent, and he has separate ratings of 20 percent for right upper extremity radiculopathy and left upper extremity radiculopathy as secondary to the service-connected cervical spine disability. The appeal is granted.

The Board denied the claims for service connection for various conditions, including anxiety disorder, hemorrhoids, bilateral hearing loss, tinnitus, sinus disability, back disability with sciatica, numbness of the right lower extremity, ruptured disc, residuals of a neck injury, and left arm and shoulder disability.

The Veteran's lumbar spine disability was evaluated at a 20 percent rating prior to July 23, 2010. The claim for an increased evaluation is granted.

The Veteran's unauthorized medical expenses incurred from May 6, 2009 through May 8, 2009 at Maine Medical Center were approved due to the emergent nature of his condition and the unavailability of VA facilities that could have provided the necessary care.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and therefore, service connection cannot be granted.

The Veteran's sciatica is manifested by complaints of burning pain, and the VA examiner found no findings of decreased sensation or neurological abnormalities. The Board has determined that a 10 percent rating for sciatica is warranted.

The VA has granted an initial rating of 40 percent for the appellant's service-connected low back disability, effective December 7, 2004. The VA also granted a total rating based on individual unemployability due to service-connected disability, effective November 18, 2010.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The Board has granted service connection for a cervical spine disorder, including associated upper extremity radiculopathy and a left knee disorder on the basis of new evidence. The Veteran's right knee disability is rated at 10%.

The Veteran's claims are being remanded for additional development, including obtaining SSA records and VA treatment records.