Radiculopathy & sciatica decisions — 2015

The Veteran's low back disability, characterized by limited range of motion and mild radiculopathy, does not warrant a rating in excess of 40 percent. Beginning November 1, 2010, the left lower extremity radiculopathy is rated as 10 percent disabling.

The Veteran was not found to be unemployable due to his service-connected disabilities during the period from January 31, 2007 to July 15, 2009. Despite missing some work days, he remained gainfully employed and capable of performing the physical and mental acts required by employment.

The Board has dismissed the appeals for service connection of posttraumatic stress disorder and radiculopathy of the left arm as they were withdrawn by the Veteran. The claims of service connection for bilateral hearing loss, tinnitus, cervical spine disability, and skin condition of the left lower extremity are denied.

The Veteran's claims for cervical spine disorder and hypertension are being remanded due to the need for additional development, including obtaining medical records and providing VA examinations.

The Veteran's migraine headaches are rated at the highest schedular rating of 50 percent, effective September 22, 2009. The claim for an earlier effective date for sciatic and left peroneal and tibial nerve involvement is dismissed as service connection was already granted.

The Board has remanded the case for further development and consideration of new evidence, including VA treatment records submitted by the Veteran's representative. The claims will be reconsidered in light of all pertinent evidence.

The Board has reopened the Veteran's claim for service connection for a low back disability and granted it, finding that new evidence supports a current diagnosis of DDD of the lumbar spine and spondylosis with lumbar radiculopathy. The Board also found that this condition is related to active duty.

The Veteran's claim for service connection for a TBI was reopened and granted, with an effective date of April 4, 2013.,A compensable rating (20%) is assigned for degenerative disc disease of the lumbar spine, effective from April 4, 2013.,The Veteran's PTSD is rated at 50% and a higher rating is denied.,Sciatic nerve left lower extremity radiculopathy is granted with an initial rating of 10%, effective from January 13, 2011. The femoral nerve left lower extremity radiculopathy was also granted with an initial rating of 10%, effective from the same date.,The Veteran's TDIU claim is denied.

The Veteran's combined disability rating of the lumbar spine associated disabilities is 60 percent, which meets the criteria for SMC at the housebound rate from April 23, 2008.

The Veteran's appeal is being remanded for additional development to determine the appropriate disability ratings and TDIU status.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 40 percent, effective July 26, 2013.

The Board has remanded the case for a VA examination of the left knee, updated VA treatment records to be obtained, and readjudication of the issues.

The Veteran's appeal for service connection on multiple conditions was denied. The Board found that hyperlipidemia, a laboratory test result, is not a disability under VA law and therefore cannot be granted.

The Veteran's private medical expenses for obstructive sleep apnea treatment at Pulmonary Physicians of Gainesville on June 12, 2013 were not authorized by VA and did not meet the criteria for reimbursement under applicable laws.

The Veteran's claims for increased ratings and effective dates were granted, with the effective dates being determined based on the date of receipt of his informal claim or the earliest date as of which it is factually ascertainable that an increase in disability had occurred.

The Veteran's appeal is remanded due to the need for new VA examinations and further development of his claims, including for radiculopathy of the left lower extremity and service connection for depression with anxiety.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of his cervical spine disability and lower extremity radiculopathy.

The Veteran's service-connected left lower extremity radiculopathy has been rated as 20 percent disabling since December 3, 2014.,Prior to December 3, 2014, the Veteran was granted a 20 percent rating for degenerative disc disease with intervertebral disc displacement L4-L5. Since then, he is rated at 40 percent.,The Veteran's right knee disability has been rated as 10 percent disabling since February 9, 2009 and increased to 20 percent effective December 3, 2014. The Veteran is not entitled to a higher rating for this condition.,The Veteran's left knee laxity was initially granted a 10 percent rating from February 9, 2009. Since then, he has been rated at 10 percent.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled BVA videoconference hearing. The case will be rescheduled at the Veteran's current address.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected degenerative disc disease, lumbar spine postoperative laminotomy with scar, and bilateral lower extremity radiculopathies. Additional treatment records must be obtained.