Radiculopathy & sciatica decisions — 2018

The Board has decided to remand the Veteran's claims for tinnitus, L5-S1 degenerative disc disease with foraminal stenosis (claimed as back injury), and radiculopathy, right lower extremity. The decision will be reconsidered after obtaining updated VA treatment records and clarifying the due process issues.

The Veteran's service-connected low back disorder and associated radiculopathies have been granted a rating of 20 percent, effective from March 27, 2006, to October 8, 2008, for the former period. Since January 1, 2009, he has received a 20 percent rating for his low back disorder and a 10 percent rating for each of his lower extremity radiculopathies.

The Board has remanded the claims for service connection for right upper extremity nerve disorder and bilateral lower extremity radiculopathy due to insufficient opinions regarding the etiology of these conditions.

The Veteran withdrew his service connection claims for a left knee, low back, and sciatic nerve conditions during the May 2018 Board hearing.

The Board found that the Veteran filed a timely Notice of Disagreement (NOD) regarding seven service connection claims, and thus remanded these issues for further action.

The Veteran has withdrawn his appeals for service connection and disability ratings in multiple conditions, including right rotator cuff injury, hypertension, GERD, lumbosacral strain, radiculopathy of the left leg, radiculopathy of the right leg, and depression.

The Board has reopened the Veteran's claims and found new evidence sufficient to reopen them, but still denied service connection for left leg pain, right leg pain including as secondary to degenerative joint disease of the lumbar spine, and sciatica.

The Veteran's claims for increased ratings and unemployability due to his service-connected right shoulder disability, lumbar spine disability, and radiculopathies of the lower extremities are being remanded for additional development.

The Veteran's claims of entitlement to increased evaluations for service-connected left ankle sprain and lower extremity radiculopathy are remanded due to the need for additional development, including obtaining updated VA clinical records and a new examination.

The Veteran's right lower extremity radiculopathy has been rated at 10 percent since the beginning of his appeal. The Board found that the evidence did not support a higher rating as there was no indication of 'moderate' incomplete paralysis, which is required for a higher rating under the applicable diagnostic codes.

The Veteran's lumbar spine DDD with IVDS and associated right and left lower extremity radiculopathy were granted service connection effective August 15, 2014. A rating of 40 percent was assigned from August 15, 2014 to July 9, 2017 for the lumbar spine DDD with IVDS and separate ratings of 20 percent each were granted for right and left lower extremity radiculopathy effective August 15, 2014.

The Board has restored a 20 percent rating for sciatic nerve radiculopathy of the right lower extremity, effective December 22, 2016. The reduction from 20 percent to 10 percent was improper due to lack of improvement in the Veteran's condition under ordinary conditions of life and work.

The Board has remanded the Veteran's claims due to incomplete records and insufficient opinions regarding her lumbar spine, knee, skin condition, left sided sciatica, and right sided sciatica disabilities. The RO is instructed to obtain missing VA treatment records and request any service medical records from the Veteran. A new examination will be scheduled for the Veteran to determine the nature and etiology of these conditions.

The Board has granted an effective date of December 12, 2011 for the grant of service connection for left upper extremity radiculopathy. The claim for major depressive disorder was denied as there is no evidence of a prior claim before September 26, 2012.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including psychiatric disability, right shoulder disorder, lumbar spine with associated bilateral lower extremity radiculopathy, gastritis, knee disorders, and testicle pain. The Board has referred these issues for further adjudication due to the need for additional records from SSA.

The Board has denied a higher disability rating for Degenerative Disc Disease (DDD) and dismissed the claim of service connection for Sciatic nerve impairment of the left lower extremity as moot due to the grant of service connection.

The Veteran's cervical spine disability, including its orthopedic manifestations and associated radiculopathy of the upper extremities, has been granted increased ratings. A total disability rating based on individual unemployability due to the cervical spine disability was also granted effective January 30, 2012.

The Veteran's claim for payment or reimbursement of unauthorized medical treatment provided at John D. Archbold Memorial Hospital from May 13 to May 14, 2016 is denied because the evidence does not support that his neck and shoulder pain was a medical emergency requiring immediate attention.

The Veteran's claim for service connection for PTSD was granted, with a disability rating of 50 percent. Other claims were either denied or remanded.

The Veteran withdrew her appeals for all the listed issues, and the Board has dismissed them.