Radiculopathy & sciatica Board decisions

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims, including obtaining private treatment records and scheduling a VA examination.

The Veteran's acquired psychiatric disorder(s) is granted as service connected. The Board finds that the Veteran has variously diagnosed psychiatric disorders that are as likely as not related to his active military service, including PTSD and mood disorder. For the lumbar spine disability with left lower extremity radiculopathy, the Board finds that it was incurred in service. Service connection for hepatitis C is granted.

The Board has remanded the case due to issues related to the Veteran's intervertebral disc syndrome and lumbar radiculopathy, including a request for a videoconference hearing that was not conducted.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and assessing his employment status.

The Veteran's combined rating of 70 percent for service-connected disabilities from June 1, 2004 to March 10, 2005 and 90 percent thereafter meets the threshold requirements for a TDIU. The appeal is granted.

The Board has determined that the Veteran's cervical spine disorder is not related to her service, and thus denied her claim.

The Board found that the Veteran did not meet the schedular criteria for a TDIU prior to September 21, 2011. The effective date of the TDIU award is set at September 21, 2011.

The Veteran's lumbar spine arthritis with degenerative disc disease is rated at 40 percent, the highest available rating under VA regulations. The radiculopathy of both lower extremities are each rated at 20 percent.

The Veteran's service-connected low back disability and associated radiculopathy have been rated based on their current severity, with the initial rating for degenerative disc disease of the low back being granted at 20 percent from September 1, 2006. Separate ratings for radiculopathy of the left and right lower extremities were also granted.

The Veteran's cervical radiculopathy of the right upper extremity is rated at 40 percent, which approximates moderate incomplete paralysis.

The Veteran's lumbosacral strain and right lower extremity radiculopathy have been rated at 20 percent since March 13, 2013.

The Veteran's claim for reimbursement of unauthorized medical services rendered at OSUMC on February 10, 2010 is denied as the treatment did not meet the criteria for a 'medical emergency' under VA regulations.

The Veteran's thoracic spine osteoarthritis with chronic compression at T8 and T9 is currently rated as 10 percent disabling. The VA examiner found that the Veteran has forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees, resulting in a combined range of motion greater than 120 degrees. There was no evidence of muscle spasm or guarding severe enough to result in abnormal gait or spinal contour.

The Veteran's claim for a higher initial rating for his service-connected degenerative changes of the lumbar spine was granted, with an effective date of November 28, 2012. The current disability rating is 40 percent.

The Veteran's appeal is being remanded for additional development, including obtaining VA examination results and Social Security Administration records. The issues of increased evaluation for spondylolisthesis with a lumbosacral strain and disc abnormalities and entitlement to a total disability rating based on individual unemployability are also included in the appeal.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before the Board. The case will be returned for further action.

The Board denied the Veteran's claim for an effective date earlier than November 9, 2010 for a 10 percent disability rating for sciatic nerve impairment affecting his right lower extremity. The decision found that the MRI study received by VA on November 9, 2010 was not received until then and thus did not constitute an informal claim filed earlier.

The Veteran's degenerative disc disease of the lumbar spine with bilateral radiculopathy was not aggravated beyond its natural progression by service.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the earliest available opportunity. The RO will notify the Veteran of the date and time of the hearing, in accordance with 38 C.F.R. § 20.704(b).

The Veteran's claims for increased ratings for lumbar spondylosis, spondylolisthesis, and degenerative joint disease from February 23, 2009 to March 1, 2012, and left S1 sensory radiculopathy since February 23, 2009 were denied. The Veteran's lumbar spine disability was rated at 40 percent for the period of February 23, 2009 to March 1, 2012, and a higher rating is not warranted under Diagnostic Code 5242 or Diagnostic Code 5243. For left S1 sensory radiculopathy, a 40 percent evaluation was granted effective March 2, 2012.