Radiculopathy & sciatica decisions — 2016

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board found that there is no evidence to support a direct relationship between the Veteran's current cervical spine disability and his service, including the 1996 fall. The radiculopathy of right upper extremity was also not shown to be related to service or any service-connected condition.

The Veteran's service-connected radiculopathy of the left lower extremity was granted a rating in excess of 20% effective February 8, 2012. The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted a rating in excess of 20% thereafter.

The Veteran's PTSD developed as a result of an in-service motor vehicle accident, and the Board finds that he meets the criteria for service connection.

The Board has determined that the Veteran's service-connected disabilities require the need for aid and assistance of others for dressing, bathing, and feeding. Therefore, SMC based on the need for regular aid and attendance is granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA and non-VA treatment records related to his service-connected radiculopathy of the left and right lower extremities.

The Board found that the Veteran's private medical treatment from July 17, 2012 to July 20, 2012 was not for a medical emergency and VA facilities were feasibly available. Therefore, reimbursement of unauthorized medical expenses is denied.

The Veteran requested to withdraw all issues on appeal, including the ones related to cervical spine disability. The Board has dismissed the appeal due to this request.

The Veteran's tinnitus had its onset in service and has been recurrent since then, warranting service connection. The remaining claims for lumbar spine disorder, sciatic nerve disorder, left shoulder disorder, and TBI residuals are addressed in the REMAND portion of the decision.

The Veteran's appeals for higher initial ratings and an earlier effective date were denied. The appeal regarding the lumbar spine disability, cervical spine disability, right shoulder sprain, left ankle sprain, allergic rhinitis, and tension headaches is pending.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating or separate evaluations for arthritis with painful, noncompensable limitation of motion in either knee. Service connection was also denied as there was no indication of any direct service connection.

The Veteran's irritable bowel syndrome has been rated at 30 percent since October 1, 1999. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.