Radiculopathy & sciatica decisions — 2015

The Veteran's appeal is being remanded due to the need for a new examination and consideration of VA treatment records. The issue remains about entitlement to an initial disability evaluation in excess of 10 percent for lumbosacral radiculopathy.

The Veteran's claim for increased ratings for his service-connected right knee disability and L5-S1 herniated nucleus pulposus with left sciatica is being addressed. The effective date for the 20 percent rating for the right knee disability has been determined to be January 19, 2011.,The Veteran's claim for increased staged ratings for his service-connected right knee reconstruction was granted.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal involves multiple issues including increased rating for low back pain and strain, TDIU claim, and reopening of service connection claims. The case is being remanded to obtain additional medical records, provide a VA examination, and readjudicate the claims.

The Veteran's claims for service connection and increased ratings have been granted, with the exception of his request to reopen a claim for service connection for reflex sympathetic dystrophy of the bilateral upper extremities. The Veteran is currently receiving appropriate disability compensation for his PTSD, dysthymia, left shoulder disability, low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The VA denied payment for unauthorized medical treatment provided by the Leon County EMS on January 25, 2013 due to lack of an emergency situation and because no life or limb-threatening condition existed.

The Board denied all claims for service connection, finding that the Veteran's claimed conditions did not have their onset in or were not related to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his IVDS and radiculopathy, and conducting any other necessary development.

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person is being remanded due to a lack of recent medical evidence addressing his current need for A&A. The case will be returned to the Board after obtaining updated VA treatment records and scheduling an examination.

The Veteran's incomplete loss of sense of smell is directly caused by his service-connected nasal fracture, and the Board finds that he meets the criteria for service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral hearing loss, lumbar spine disorder, lower extremity sciatica, cervical spine disorder, right upper extremity radiculopathy, and left upper extremity radiculopathy. The Veteran's current disabilities are found to be related to his active duty service.

PTSD and TMJ ratings remain denied.,Residuals of musculotendinous tear, right calf, and bilateral pes planus with bilateral plantar fasciitis have initial disability ratings denied.,Effective dates for PTSD and TMJ service connection are also denied.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment consistent with his education and occupational experiences.

The Veteran's increased ratings for his lower extremity radiculopathy conditions were denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms, which were generally described as numbness and pain in both legs.

The Veteran's service-connected conditions, including scoliosis of the lumbar spine and rheumatoid arthritis (implied by left lower extremity radiculopathy), render him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities, alone, are not of such nature and/or severity as to prevent him from securing or following any substantially gainful employment.

The Board has determined that the Veteran does not have a current diagnosis of tinnitus or radiculopathy of the upper and lower extremities, and thus service connection for these conditions is denied.

The Veteran's claim for an effective date earlier than June 5, 2006, for the award of a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further action.

The Veteran's claims for higher ratings for PTSD, tinnitus, peripheral neuropathy of the right sciatic nerve, bilateral hearing loss, and a scar of the right posterior thigh associated with a gunshot wound are denied. The claim for service connection for a right ankle sprain is also denied.

The Veteran's lumbar spondylosis is rated at 10 percent, but the issues for increased ratings are denied.,The Veteran's right and left lower extremity radiculopathy are both rated at 10 percent. The issues for increased ratings are denied.,The Veteran's headaches are currently rated at 10 percent. The issue for an increased rating is denied.,The Veteran's decreased vision in the left eye with optic neuritis is rated at 10 percent. The issue for an increased rating is denied.,The Veteran's status post meningo encephalitis is rated at 10 percent. The issue for an increased rating is denied.,The Veteran's left ear hearing loss is not service-connected and thus does not meet the criteria for a compensable rating.