Radiculopathy & sciatica decisions — 2014

The Board finds that the evidence is in relative equipoise and therefore gives the benefit of the doubt to the Veteran, finding that his low back disorder as likely as not had its onset during, or is related to, his active military service. Service connection for a low back disability with radiculopathy is granted.

The Board has granted service connection for the Veteran's degenerative changes of the lumbar spine with radiculopathy, finding that it is at least as likely as not due to an injury sustained during his period of active service.

The Board has remanded the case for consideration of an extraschedular rating for left sided sciatic nerve paralysis. The Veteran's claim will be referred to the Director, Compensation and Pension Service.

The Board has granted service connection for right lumbosacral polyradiculopathy as secondary to the Veteran's service-connected lumbar spine disability, effective November 24, 2008. The Veteran is also entitled to a higher initial rating of 40% and TDIU.

The Board has determined that the Veteran's lumbar spine disabilities, other than his service-connected lumbar strain, are not related to his military service and therefore denied his claims for service connection.

The Board denied the Veteran's claim for an effective date prior to June 10, 2003, for the grant of TDIU as his disability was rated at 40% since 1978 and he did not meet the percentage requirements under 38 C.F.R. § 4.16(a) until June 10, 2003.

The Veteran's C5-C6 radiculopathy of the left arm associated with degenerative disc disease of the cervical spine is rated at 30 percent effective June 2, 2014.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's TDIU claim is being referred to the Director of VA's Compensation and Pension Service for consideration due to his service-connected back disability.

The Veteran's claims for service connection and increased ratings are denied. The Board finds that the evidence does not support a higher rating or an earlier effective date for his right lower extremity radiculopathy.

The Board denied initial evaluations in excess of 10 percent for chondromalacia patella of the right and left knees, finding that the evidence did not meet the criteria for higher ratings based on functional loss or impairment.

The Veteran's appeal is being remanded for additional development to obtain updated medical records and examinations, as well as to ensure that the examination reports comply with instructions.

The Board finds that the Veteran's right hip and right knee disabilities were caused or aggravated by his service-connected lumbar spine disability, and grants the claims for service connection.

The Veteran's mechanical low back pain and lumbar radiculopathy have been rated at the highest available rating of 20 percent, reflecting their severity.

The Veteran's service-connected back disability and related conditions worsened, necessitating restoration of special monthly compensation (SMC) based on need for aid and attendance from April 1, 2011.

The Veteran's appeal is being remanded for additional examinations to assess the current severity of his service-connected low back disability and radiculopathy of the right leg and right foot.

The Board denied the Veteran's claims for a higher rating for his service-connected back disability and service connection for radiculopathy of the right lower extremity. The Veteran was not granted any increased ratings, but he is still entitled to a separate rating for his right leg radiculopathy.

The Veteran's right lower extremity radiculopathy was rated at 20 percent from October 31, 2012. The issue of TDIU is referred to the AOJ for further development and readjudication.

The Board has determined that the Veteran does not have a neurological disorder of the right upper extremity other than cervical radiculopathy, which is related to his service-connected cervical spine disability. The claim for a neurological disorder of the right upper extremity was denied.

The Veteran's unauthorized medical expenses incurred at Fremont Area Medical Center on June 21, 2010, and June 22, 2010, are approved as the nearest VA facility was not feasibly available and a prudent layperson would have sought treatment from a private hospital.