Radiculopathy & sciatica decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing an addendum to the February 2014 VA examination report.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and considering the Veteran's unemployability.

The Veteran's appeal is being remanded to the RO for a videoconference Board hearing. The issues include service connection for lumbar spine disability and bilateral radiculopathy, benign prostatic hypertrophy (prostate surgery), initial increased rating for PTSD, and initial increased rating for bilateral hearing loss.

The Veteran's lumbar spine disability is rated at 40 percent prior to February 2011, and separate evaluations of 20 percent are assigned for radiculopathy of the left and right lower extremities. The Veteran also meets criteria for a TDIU based on his service-connected disabilities.

The Veteran's cervical spine disability is currently rated at 20 percent, and his right upper extremity radiculopathy is rated at 10 percent. The evidence does not support a higher rating for either condition.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical records and scheduling a VA examination to assess the combined effect of his service-connected disabilities on his employability.

The Veteran's left and right lower extremity radiculopathy, consistent with mild (but not greater) incomplete paralysis of the sciatic nerve, is rated as a separate disability from her service-connected lumbar spine disability.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected low back syndrome with bilateral lower extremity radiculopathy and tensor fascia lata pain syndrome of the right lower extremity. The examiner will also reconcile any changes in diagnosis.

The Veteran's lumbar spine and cervical spine disabilities are rated at the maximum available ratings, while his migraine headaches do not warrant a higher rating.

The Veteran's unauthorized medical expenses incurred on September 7, 2009 at Tallahassee Memorial Hospital are not eligible for reimbursement under VA regulations because the emergency treatment was not rendered in response to a medical emergency of such nature that delay would have been hazardous to his life or health.

The Board has remanded the case for further development, including scheduling a videoconference hearing. The Veteran's claims of service connection for low back disability and bilateral sciatica are still pending.

The Veteran's claims for higher evaluations for degenerative disc disease at L5-S1 and radiculopathy of the lower extremities were denied as his conditions did not meet the criteria for a rating higher than 20 percent or 40 percent, respectively.

The Veteran's case is being remanded for further development and a hearing before the Board at the RO.

The Board found that the reduction in the rating for service-connected thoracolumbar strain with spondylosis and right lower extremity sciatica was improper and void ab initio, restoring the previous 40 percent rating effective October 1, 2010. The Veteran's claim for a higher rating remains pending.

The Veteran's appeal involves multiple secondary service connection claims for various disabilities, including Hodgkin's lymphoma and its complications. The Board has determined that further development is needed to address the exposure basis of these claims.

The Veteran's appeal is being remanded for additional development, including obtaining medical examinations and opinions to address the issues of service connection for lumbar strain with sciatica, hiatal hernia, bulimia, and gastroesophageal reflux disease (GERD) as secondary to his service-connected conditions.

The Veteran's claims for increased evaluations for lumbosacral strain and associated radiculopathy were denied. The Board found that the evidence did not demonstrate severe postoperative residuals beyond September 1, 2008.

The Board has restored a 40 percent rating for the Veteran's service-connected lumbosacral spine degenerative disc disease and degenerative joint disease, with bilateral lower extremity radiculopathy from the effective date of the reduction.

The Veteran's appeal for a higher initial rating for radiculopathy of the left lower extremity was dismissed as he withdrew his appeal during his May 2014 Board hearing.

The Veteran's neck pain and radiculopathy are being remanded for further development to determine their relationship to his service as a percussionist.