Radiculopathy & sciatica decisions — 2015

The Veteran's claim for service connection for radiculopathy was denied. Her claim for PTSD remains pending and her left knee instability rating is also pending.

The Veteran's cervical spine disability was rated at 20 percent prior to August 15, 2013 and increased to 20 percent thereafter. The Veteran's radiculopathy of the right upper extremity is not more than mild in nature.

The Veteran's appeal for the issue of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for hearing loss in the right ear was withdrawn prior to the Board's decision. The remaining issues are remanded for further development.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the criteria for TDIU.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's lumbosacral radiculopathy of the left lower extremity is currently rated at 20 percent, which corresponds to moderate incomplete paralysis.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities, precluding locomotion without the aid of braces, crutches, canes or a wheelchair. The Board finds that this meets the criteria for specially adapted housing.

The Veteran's original claims for service connection were not received by VA prior to March 1, 2010. The effective date for the grants of service connection for PTSD; cervical spondylosis with neck myelopathy/radiculopathy; left upper extremity peripheral neuropathy/radiculopathy; scar, residuals, shrapnel fragment wound, neck; linear scar inferior to the left patella; and curvilinear left medial knee scar disabilities is denied.,The effective date for the grant of service connection for right foot drop is granted as March 1, 2010. The appeal period had not ended when the information concerning right foot drop compensation was specifically raised by the Veteran.

The Veteran's appeal is being remanded due to the need for additional medical records, a new examination, and issuance of a Statement of the Case (SOC) regarding service connection for diabetes mellitus type II and sleep apnea.

The Veteran's appeal is remanded for further development, including a VA peripheral nerve examination to determine if he has any neurological disorder of his bilateral upper and lower extremities related to service or his already service-connected lumbar spine and/or cervical spine disabilities.

The Board denied the Veteran's claims for TDIU and basic eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant, finding that his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Veteran's claim for a compensable evaluation for onychomycosis bilateral great toes was granted. However, his attempt to reopen his low back disability claim was denied due to lack of new and material evidence.

The Veteran's lumbar disc disease and left leg radiculopathy have been granted service connection.,Left leg radiculopathy is found to be secondary to the Veteran's service-connected lumbar disc disease.

The Veteran's appeal is being remanded due to the failure of his hearing notice, and he has not appeared for the scheduled videoconference hearing.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for a lumbar spine disorder, including as secondary to service-connected disabilities. This includes obtaining medical records and providing the Veteran with a new examination.

The Veteran's unauthorized medical expenses incurred at Sacred Heart Hospital Emerald Coast on September 10, 2012 were not for emergency treatment and VA facilities were feasibly available. Therefore, payment or reimbursement is denied.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU based on this finding.

The Veteran's low back disability and lower extremity radiculopathy are being remanded for additional development as the August 2011 VA examination is not adequate to address his assertions of continuity of symptomatology since service.

The Board has remanded the Veteran's claims due to inadequate medical opinions and the need for updated VA treatment records. The TDIU issue is inextricably intertwined with the lumbar spine claim.

The Veteran's cervical spine arthritis resulted in functional impairment comparable to forward flexion limited to 15 degrees or less on and after July 26, 2006. His left cervical radiculopathy was rated at 20 percent from May 10, 2012, to September 29, 2013, and at 30 percent thereafter.