Radiculopathy & sciatica decisions — 2015

The Board has determined that the Veteran's left sciatic neuritis more nearly approximates severe incomplete paralysis of the left lower extremity, warranting a 60 percent disability rating for the entire increased rating period from September 24, 2009.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, which has been granted.

The Board has determined that additional development is needed to determine if the Veteran's current lumbar spine disability, including her January 1989 complaint of lower back pain after lifting torpedo afterbodies, is related to her military service. The case will be remanded for further action.

The Board found that the Veteran's neuropathy did not have its onset during active service or within one year thereafter, and is not related to any incident of active service, including exposure to contaminated water at Camp Lejeune. The claim was denied as there was no evidence linking the Veteran's symptoms to his service-connected disabilities.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran did not have bilateral carpal tunnel syndrome in service or within one year after discharge, residuals of a bilateral mandible fracture are not manifested by reduction in range of motion, displacement of the mandible, and loss of masticatory function, chondromalacia patella with degenerative joint disease of the left knee is not manifested by limitation of flexion to 30 degrees or less, limitation of extension to 5 degrees or more, ankylosis, subluxation or lateral instability, dislocation of semilunar cartilage, symptomatic removal of semilunar cartilage, malunion of the tibia and fibula, or genu recurvatum. The chondromalacia patella with degenerative joint disease of the right knee is not manifested by limitation of flexion to 30 degrees or less, limitation of extension to 5 degrees or more, ankylosis, subluxation or lateral instability, dislocation of semilunar cartilage, symptomatic removal of semilunar cartilage, malunion of the tibia and fibula, or genu recurvatum.

The Veteran's claim for reimbursement of private medical expenses on December 20, 2010 is denied as the treatment was not for an emergency and there were no service-connected conditions at that time.

The Board has granted increased ratings of 60 percent for left and right total knee replacements, and a TDIU based on the Veteran's service-connected disabilities. The issue regarding radiculopathy of the right lower extremity is remanded.

The Board denied service connection for right hand, right knee, left lower extremity and right lower extremity disorders. The Veteran's current diagnoses do not meet the criteria for direct service connection.

The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities, which render him unemployable. The Board grants a total disability rating based on individual unemployability.

The Veteran's claim for an initial disability rating in excess of 30 percent for left upper extremity radiculopathy was denied. The evidence showed mild incomplete paralysis, with symptoms including pain and numbness in the left forearm, hands, and fingers.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his service-connected lumbosacral strain and separate compensable ratings for radiculopathy of the bilateral lower extremities due to additional development being required.

The Veteran's appeal was withdrawn regarding the claim for a higher rating for epilepsy. The Board granted SMC based on need for aid and attendance (A&A) and SAH.

The Board has determined that the Veteran does not have a back disability or radiculopathy of the bilateral lower extremities that was incurred in service. The evidence shows no chronicity of symptoms during service and no indication of such conditions until many years after separation from active duty.

The Veteran's claims for service connection, increased ratings, and TDIU have been granted. The claim for DEA benefits before February 19, 2009 is pending.

The Veteran's service-connected BPPV and LLE radiculopathy are granted, with the LLE radiculopathy rated at 10%.

The Veteran's appeal is being remanded due to the need for clarification on the extent of his service-connected low back disability and additional development of evidence.

The Veteran's claims for higher ratings for his knees, hip and spine disabilities were denied. The Veteran was awarded separate 10 percent ratings for degenerative arthritis of the right knee and left knee prior to August 20, 2007, but no higher rating is warranted.

The Board has granted a 40% rating for the Veteran's lumbar strain with IVDS effective June 24, 2009. The Veteran's radiculopathy of the right leg is also service connected as secondary to his low back disability.

The Board has determined that the Veteran's current heart disability, specifically tachycardia, is related to his military service. The Veteran was not granted service connection for hypertension or carpal tunnel syndrome (claimed as pinched nerve), radiculopathy, loss of strength, residuals of fracture, right fourth and fifth metacarpals, residual surgical scar, right hand, or TDIU.

The Veteran's service-connected disabilities, including degenerative intervertebral disc disease of the lumbar spine and cervical spine, as well as other conditions, have been considered. The claim for a compensable rating for residuals of a left elbow injury is granted, with an effective date to be determined based on further review. Service connection for varicose veins was denied previously. Compensation under 38 U.S.C. § 1151 for dental issues has also been addressed.