Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing assistance or a TDIU due to their combined rating of 50 percent, which is less than the required 70 percent. The Board has remanded the issues for further development and consideration.

The Board has remanded the cases due to the need for additional development, including obtaining private treatment records and Social Security Administration (SSA) records.

The Veteran's cervical spine DJD and lumbar strain have been granted initial compensable ratings. The radiculopathy of the right lower extremity, sciatic nerve; right lower extremity, femoral nerve; and left lower extremity, sciatic nerve have also been granted initial compensable ratings.

The Veteran's claims for increased ratings for her back disability and left lower extremity radiculopathy, as well as her claim for TDIU, were denied by the Board of Veterans' Appeals.

The Board has remanded the cases for further development, including issuing a Statement of the Case and readjudicating the service connection claim for right leg sciatica.

The Board has remanded the case due to issues related to attorney fees and a determination of CUE in the rating decision.

The Veteran's service-connected disabilities prevent him from attending to the needs of nature, caring for himself, or protecting himself from the hazards of his environment. The Board finds that he is in need of regular aid and attendance due to his service-connected conditions.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence to support higher ratings or service connection for the conditions listed, including shin splints, knee pain, ankle pain, sciatic nerve impingement, and tibial stress fracture.

The Veteran's low back disability is rated at 40 percent effective May 13, 2016. Ratings for the condition prior to that date and in excess of 40 percent from that date are denied.

The Veteran's lumbar retrolisthesis is rated at 20 percent, effective December 4, 2019. Separate 10 percent ratings are granted for left and right leg radiculopathies as of the same date.

The Board has remanded the claims for increased ratings for lumbar spine disability and left lower extremity radiculopathy due to insufficient examinations. The Veteran needs new VA examinations to assess the current severity of his service-connected conditions.

Service connection for Obstructive Sleep Apnea is granted. The issue of SMC for loss of use of a creative organ is remanded.

The Veteran's claims for effective dates prior to May 11, 2011, for the grant of service connection for DDD of the lumbar spine and bilateral lower extremity radiculopathy have been denied. The Board has also remanded the issues regarding initial ratings and TDIU.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. The Board has remanded the remaining issues related to his lower back, bilateral lower extremity radiculopathy, and degenerative arthritis of both knees.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and bilateral onychomycosis are being remanded due to the need for additional VA examinations.

The Board has remanded the Veteran's claims for service connection due to his exposure to herbicide agents, as the legal standard regarding in-service exposure has changed. The Veteran served aboard a ship that was in 'official waters' of Vietnam during parts of his active duty.

The Veteran's claims for service connection for upper right arm radiculopathy and a right total hip replacement have been denied. The claim for the right total hip replacement is being remanded.,An effective date earlier than September 9, 2015, for the grants of service connection for erectile dysfunction and unspecified anxiety disorder has not been granted.

The Board denied service connection for cervical spine disability and bilateral upper extremity radiculopathy, finding that the Veteran's current disabilities were not etiologically related to his active duty service.

The Board has remanded the Veteran's claims for service connection for various conditions, including sleep apnea, migraines, a neck disability, a pulmonary disability, bilateral knee disabilities, hernia, sciatic nerve disability, bilateral foot disabilities, frostbite, and hypertension. The claims are being returned to the AOJ for further development.

The Board has remanded the case due to issues with contested claims procedures and a need for further adjudication.