Radiculopathy & sciatica decisions — 2021

The Veteran's cervical spine DJD, cervical muscle spasm, and cervical facet joint syndrome with right and left upper extremity radiculopathy are granted service connection. A 50 percent rating is granted for tension type headaches since September 25, 2013.

The Board has remanded the case due to challenges raised by the Veteran regarding the qualifications of the VA examiners who provided opinions on sleep apnea. The AOJ is required to obtain and provide information about the credentials of these examiners.

The Board has remanded the issues of service connection for left and right lumbar radiculopathy and vertigo due to complications with his diabetes mellitus.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, thus entitling him to special monthly compensation based on the need for aid and attendance. The issue of SMC based on being housebound is dismissed as moot due to the grant of SMC by reason of aid and attendance.

The Board has dismissed the appeals regarding increased disability ratings for lower back strain with degenerative changes and intervertebral disc syndrome, right and left lower extremity radiculopathy as the Veteran died during the appeal process.

The Veteran's lumbar spine disability is rated at 40 percent throughout the pendency of this claim. Ratings for his left and right lower extremity sciatic nerve disabilities are also granted.

The Board has denied an initial disability rating in excess of 10 percent for the Veteran's service-connected right lower extremity radiculopathy, finding that her symptoms do not warrant a higher rating.

The Veteran's sleep apnea is remanded for a VA examination to determine if it is at least as likely as not caused or aggravated by his service-connected disabilities. His eligibility for SMC based on the need for regular aid and attendance of another person is also remanded.

The Board has remanded the Veteran's claims for additional development to comply with prior instructions and obtain relevant records from the Social Security Administration.

The Board denied service connection for a low back disorder and bilateral lower extremity sciatica, finding that the evidence did not support direct service connection due to lack of in-service incurrence or continuity of symptomatology since service.

The Board has denied the Veteran's claims for service connection for skin disorder, vertigo/dizziness disorder, right knee disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy as there is no evidence of current disabilities or a direct relationship to active duty service.

The Board has remanded several claims, including those for service connection and increased ratings. The Veteran's attorney requested additional development related to the competency of VA examiners and the need for new medical opinions on various issues.

The Veteran's brachial plexus injury is not worsening and his symptoms are associated with cervical radiculopathy, which is unrelated to the service-connected condition. Therefore, a rating in excess of 10 percent for brachial plexus stretch injury secondary to fall is denied.

The Veteran's claims for increased ratings of her low back disability, bilateral lower extremity radiculopathy, and Hepatitis B residuals have been denied. The current ratings are considered appropriate.

The Board has determined that the Veteran's treatment at a non-VA facility on September 7, 2017 was for an emergent condition and that seeking treatment at a VA or federal facility was not feasibly available. Therefore, the claim for payment or reimbursement of unauthorized medical expenses is granted.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from August 8, 2017 to December 26, 2017. The Board granted entitlement to TDIU during this period.

The Board has granted an effective date of January 22, 2010 for the award of service connection for radiculopathy in both left and right lower extremities. The decision is based on the earliest evidence of record showing a diagnosis of radiculopathy related to service.

The Veteran's lumbar spine degenerative disc disease, left and right lower extremity radiculopathy are being remanded for further evaluation. Service connection for a bowel and/or bladder disorder secondary to service-connected lumbar spine degenerative disc disease is also being remanded.

The Board has granted service connection for right ear hearing loss. The cases of knee disability, back disability, bilateral hip radiculopathy (claimed), and acquired psychiatric disorder are remanded due to insufficient evidence.

The Board has remanded the claims for service connection due to the need for additional evidence from Riverside Chiropractic Center and Dr. Roland Amash.