Radiculopathy & sciatica decisions — 2014

The Board has determined that the Veteran's lumbar arthritis and degenerative disc disease, as well as his right leg radiculopathy, are related to his service-connected bilateral knee instability. The decision is in favor of granting service connection for these conditions.

The Veteran's low back disability and radiculopathy have not met the criteria for higher initial ratings at any time during the appeal period.,The Veteran's low back disability has been rated as 40 percent disabling since May 30, 2012. The right lower extremity radiculopathy has been rated as 20 percent disabling since May 30, 2012. The left lower extremity radiculopathy has also been rated as 20 percent disabling since May 30, 2012.

The Veteran's service-connected DDD with right sacroiliitis at L5-S1 and right lumbar radiculopathy are currently rated as 20 percent and 10 percent, respectively. The Board found that the schedular ratings adequately compensate for his symptomatology.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and service connection for this condition is granted.

The Veteran's claim for an increased rating in excess of 40 percent for his service-connected low back syndrome with radiculopathy is on appeal. The Board has ordered the case to be remanded for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's tinnitus had onset during service and the Board has granted service connection for this condition.

The Board has granted initial ratings of 20 percent for radiculopathy of the right and left lower extremities, effective from September 23, 2002.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the lumbar spine was denied. The Board found that, prior to June 12, 2014, the disability did not meet the criteria for an increased rating beyond 10 percent.,For the period after June 12, 2014, the Veteran's degenerative disc disease of the lumbar spine with IVDS was rated at 40 percent. The claim for a higher rating for his bilateral lower extremity radiculopathy prior to September 24, 2013, was also denied.

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

The Veteran's cervical spine disability and bilateral upper extremity radiculopathy are being remanded for further development to determine the nature and etiology of these conditions, specifically whether they were caused or permanently aggravated by his service-connected right knee disability.

The Veteran's service-connected disabilities, including migraines, bronchial asthma, lumbosacral strain, left arm radiculopathy associated with cervical strain, right shoulder acromioclavicular degenerative joint disease, residuals of a right wrist injury with fibrositis, left ankle injury, tinnitus, sinusitis, left knee injury, and cervical strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including an examination and consideration of whether his service-connected disabilities alone render him unemployable.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 10 percent from September 7, 2006 to May 3, 2007, and at 20 percent thereafter. Radiculopathy of the lower extremities did not meet criteria for higher ratings.

The Veteran's claims for increased ratings for lumbar stenosis with degenerative arthritis and sciatic nerve impairment of the right lower extremity are being remanded due to the need for additional development, including a new VA examination.

The Veteran's claim for reimbursement of unauthorized private medical expenses incurred on November 2, 2011 is denied as the services were not rendered in a medical emergency and VA facilities were feasibly available.

The Board has remanded the case due to inadequate examination and review of the claims file, particularly regarding cervical radiculopathy. The Veteran's claim for service connection for joint pains in his arms and hands is being returned for further development.

The Veteran withdrew his appeals for service connection for tinnitus and an increased rating for left lower extremity radiculopathy with paresthesias.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, including articulation disorder (hip), fatigue and low energy, hyperlipidemia, IBS, or diverticulitis. Therefore, his claims are denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging an examination to assess the severity of his sacroiliac strain and associated lower extremity radiculopathy.

The Veteran's radiculopathy of the left lower extremity is found to be service-connected as secondary to his service-connected intervertebral disc syndrome. The Veteran does not meet the criteria for special monthly compensation based on loss or loss of use of a creative organ.