Radiculopathy & sciatica decisions — 2015

The Board has denied the Veteran's claims for service connection for sinusitis and left leg sciatic nerve condition, finding that there is no evidence of a preexisting condition aggravated by active duty or otherwise related to his period of service.

The Veteran's lumbar spine disability, osteomyelitis, and associated radiculopathy have been rated at the highest possible level throughout the appeal period.

The Board has determined that the Veteran's radiculopathy of left and right hands is secondary to his service-connected degenerative arthritis of the cervical spine, thus granting service connection for this condition.

The Veteran's service-connected Type II diabetes mellitus is found to be the cause of his obstructive sleep apnea, and therefore he is granted service connection for this condition.

The Board has granted service connection for Degenerative Disc Disease (DDD) of the lumbar spine, including lumbar radiculopathy, finding that it is proximately due to the Veteran's service-connected residuals of a cervical spine injury.

The Board has remanded the case for additional development due to outstanding VA treatment records and further examination of the Veteran's current conditions.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence was in equipoise on some issues, but ultimately denied all claims.

The Veteran's appeal is being remanded for additional development, including obtaining relevant medical records and scheduling a VA examination to assess the current severity of his service-connected lumbar spine disability.

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims, including obtaining private treatment records and scheduling a VA examination.

The Veteran's acquired psychiatric disorder(s) is granted as service connected. The Board finds that the Veteran has variously diagnosed psychiatric disorders that are as likely as not related to his active military service, including PTSD and mood disorder. For the lumbar spine disability with left lower extremity radiculopathy, the Board finds that it was incurred in service. Service connection for hepatitis C is granted.

The Board has remanded the case due to issues related to the Veteran's intervertebral disc syndrome and lumbar radiculopathy, including a request for a videoconference hearing that was not conducted.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and assessing his employment status.

The Veteran's combined rating of 70 percent for service-connected disabilities from June 1, 2004 to March 10, 2005 and 90 percent thereafter meets the threshold requirements for a TDIU. The appeal is granted.

The Board has determined that the Veteran's cervical spine disorder is not related to her service, and thus denied her claim.

The Board found that the Veteran did not meet the schedular criteria for a TDIU prior to September 21, 2011. The effective date of the TDIU award is set at September 21, 2011.

The Veteran's lumbar spine arthritis with degenerative disc disease is rated at 40 percent, the highest available rating under VA regulations. The radiculopathy of both lower extremities are each rated at 20 percent.

The Veteran's service-connected low back disability and associated radiculopathy have been rated based on their current severity, with the initial rating for degenerative disc disease of the low back being granted at 20 percent from September 1, 2006. Separate ratings for radiculopathy of the left and right lower extremities were also granted.

The Veteran's cervical radiculopathy of the right upper extremity is rated at 40 percent, which approximates moderate incomplete paralysis.

The Veteran's lumbosacral strain and right lower extremity radiculopathy have been rated at 20 percent since March 13, 2013.

The Veteran's claim for reimbursement of unauthorized medical services rendered at OSUMC on February 10, 2010 is denied as the treatment did not meet the criteria for a 'medical emergency' under VA regulations.