Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities do not prevent her from obtaining and maintaining a substantially gainful occupation.

The Veteran's claims for increased ratings for his lumbar spine and sciatic nerve disabilities were denied as the medical evidence did not show that these conditions warranted a higher rating.

The Veteran's request to reopen his service connection claim for obstructive sleep apnea (OSA) was granted. The Board also remanded several other issues related to the Veteran's claims, including those involving right foot hallux valgus, left shoulder disability, GI condition, low back disability and radiculopathy, hip disabilities, erectile dysfunction, Achilles' tendon conditions, foot conditions, gout, and chronic fatigue syndrome.

The Board denied the Veteran's claim for a TDIU as his service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims of service connection for left lower extremity radiculopathy, a psychiatric disorder (specifically persistent depressive disorder), and bilateral hearing loss due to potential issues with the examinations provided. The Veteran is required to undergo additional VA examinations to determine the etiology of these conditions.

The Board denied the Veteran's claims for service connection for a cervical spine disability, finding that there was no evidence of a direct relationship to service and insufficient evidence linking any current condition to his service-connected left knee disability.

The Veteran's acquired psychiatric disorder, including schizophrenia, is granted as service-connected. The claim for radiculopathy of the right and left lower extremities is reopened due to new evidence. The rating for lumbosacral strain remains at 40 percent.

The Board dismissed the Veteran's claim for an earlier effective date and denied his request for a higher rating. The Board granted a 40 percent rating, but no higher, for service-connected radiculopathy of the right lower extremity. The Board also found that the Veteran is entitled to TDIU due to his service-connected disabilities.

The Veteran withdrew his appeal concerning multiple conditions and disorders, including right lower extremity radiculopathy, left lower extremity radiculopathy, right shoulder disability, cervical spine disorder, left shoulder disorder, and left upper extremity numbness.

The Veteran's claim for service connection for bilateral hearing loss has been denied as the evidence does not meet the criteria for a disability under VA regulations.,The Veteran's claim for an increased rating for lumbosacral strain has also been denied, with the Board finding that his current 10% rating is appropriate based on the examination findings and medical records.

The Board has remanded the claims for service connection for lumbar and cervical spine radiculopathy due to a lack of a VA examination.

The Board dismissed the issue of service connection for right lower extremity sciatic radiculopathy due to a full grant of benefits. The increased rating claims were denied, and the reduction of disability rating from August 3, 2017 to June 5, 2019 was found to be void ab initio.

The Veteran's service connection for bilateral hearing loss is denied. The Board finds that the preponderance of evidence does not support a finding of current bilateral hearing loss disability.,Service connection for obstructive sleep apnea as secondary to service-connected sinusitis with headaches is granted. The Board resolves reasonable doubt in favor of the Veteran.

Service connection for bilateral lower extremity radiculopathy was granted in a December 2019 rating decision and is therefore dismissed.,New and material evidence has not been received to reopen claims of service connection for rhinitis, hypertension, or bilateral hip disability.,Service connection for a brain disability, neck disability, and ED have not been established due to lack of in-service incurrence or aggravation.,Service connection for vertigo/syncope is remanded as no examination has been conducted.,Service connection for diabetes is remanded as deck logs are needed to determine potential exposure to herbicide agents.,Service connection for an acquired psychiatric disorder is remanded due to the need for a VA examination.

The Veteran is unable to secure or maintain a substantially gainful occupation due to his service-connected disabilities, including bipolar disorder and low back disability.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case due to new evidence suggesting that the Veteran's bilateral knee disabilities may be caused or aggravated by his service-connected lumbar spine disability, lower extremity radiculopathy, and right thigh myositis ossificans. The case is now pending for further examination and opinion.

The Board has granted service connection for a low back disability and secondary service connection for radiculopathy of the bilateral lower extremities, finding that these conditions are related to the Veteran's military service.

The Veteran's left ankle disability was rated at 10 percent prior to October 15, 2018 and increased to 20 percent thereafter. The claim for a higher rating is denied.,TDIU was granted effective October 15, 2018, but the pre-October 15, 2018 period is not considered due to lack of minimum schedular requirements.,The Veteran's service-connected disabilities did not meet the criteria for TDIU prior to October 15, 2018.

The Veteran's claim for a rating in excess of 40 percent for right lower extremity radiculopathy is denied. The Board found that the evidence did not show severe incomplete paralysis with marked muscular atrophy, which would warrant a higher rating.