Radiculopathy & sciatica decisions — 2019

The Veteran's migraines are granted service connection, and the lumbar spine strain with L5-S1 disc protrusion is granted a 40 percent evaluation. The S1 nerve root compression (sciatica/radiculopathy of right lower extremity) remains at 20 percent from September 30, 2014 onwards. PTSD with panic disorder and insomnia is granted a 30 percent initial evaluation prior to January 11, 2011. The Veteran's hearing loss and tinnitus are remanded for further development. Other issues remain pending.

The Board has remanded the Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine and radiculopathy of the right lower extremity due to inadequate VA examinations in July 2010 and April 2016. The new examination must take into account the Veteran's statements, the evidence of record, and accepted medical principles.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting SMC based on the need for aid and attendance. However, he does not qualify for SMC based on housebound status due to his TDIU.

The Veteran's application to reopen his claim of service connection for a psychiatric disability, including PTSD, was denied due to lack of new and material evidence. His right lower extremity radiculopathy and left lower extremity peripheral neuropathy were also evaluated at 10% ratings, with the former being remanded for further examination.

The Board has remanded the Veteran's claims for additional examination and opinion regarding his service-connected lumbar spine disability, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's peroneal nerve neuritis with lumbar radiculopathy of the left lower extremity is rated at 40 percent effective September 11, 2015. The Veteran also received a separate rating for his right lower extremity radiculopathy.

The Board has determined that additional development is needed to properly evaluate the Veteran's service-connected disabilities, including obtaining updated treatment records and conducting examinations to assess the severity of his lumbar spine, knee, and hip conditions.

The Veteran's left lower extremity radiculopathy is granted with an effective date of June 24, 2013.,The Veteran's right lower extremity radiculopathy is granted with an effective date of June 24, 2013. From July 8, 2014, the rating for right lower extremity radiculopathy is increased to 40 percent.

The Board has remanded the case due to conflicting medical opinions regarding the radiculopathy of the right lower extremity and because a full medical opinion is needed on whether it is aggravated by service-connected residuals of coccyx injury. The back disability issue is inextricably intertwined with the radiculopathy issue.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current psychiatric or sleep disorder, and the left shoulder and cervical spine disabilities do not meet the criteria for a higher rating.

The Veteran's service connection claims for various ankle, knee, wrist, elbow, hip, and foot conditions are being remanded due to the need for additional medical opinions.

The Veteran's left upper extremity radiculopathy is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board has determined that an earlier effective date for the grant of service connection for lumbar strain is not warranted. The appeal will be remanded to obtain SSA records and to consider a TDIU claim.

The Veteran's postoperative right femur fracture with anterior cruciate injury is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5257.,Right knee limitation of motion has been rated at 10 percent since July 2008. The current range of motion does not warrant a higher rating.

The Veteran's claims for service connection have been denied. The Board found no evidence of chronic conditions related to the claimed disabilities and thus, denied these claims.

The Board has denied the Veteran's claims for service connection for a back disability, bilateral hip disability, bilateral knee disability, and an acquired psychiatric disorder (PTSD, mood disorder, anxiety and depression) as there is no evidence that these conditions began during active service or are otherwise related to in-service injuries or diseases.

The Board has remanded the cases for additional development due to deficiencies in the current examinations and need for further testing.

The Veteran's claims for tachycardia, right patellar tendon bursitis, intervertebral disc syndrome (IVDS), left lower extremity sciatica, left foot and ankle strain, right foot and ankle strain, and left thigh muscle atrophy are all denied. The Board found that the Veteran does not have a current diagnosis of tachycardia or hypertension. Her other claims for higher ratings and TDIU are remanded.

The Veteran's unauthorized medical expenses and ambulance transportation services incurred during a non-VA hospitalization at McLaren Bay Regional Medical Center on June 23, 2015 are granted. The private hospitalization was for a nonservice-connected condition.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional evidence and examinations.