Radiculopathy & sciatica decisions — 2020

The Board has remanded the Veteran's claims for a cervical disorder and associated radiculopathy due to outstanding treatment records and further examination being necessary.

The Board has decided to remand the Veteran's claim for sleep apnea as it is unclear whether PTSD and obesity are contributing factors. The case will be reviewed with a new medical opinion.

The Veteran's claims for increased ratings for PTSD with anxiety, low back strain with L-5 spinal stenosis, and radiculopathy of the left lower extremity are denied. The claim to reopen entitlement to service connection for right and left knee disabilities is granted.

The Board has granted service connection for degenerative disk disease (DDD) of the low back with intervertebral disc syndrome (IVDS), DDD of the cervical spine, and left lower extremity radiculopathy. Service connection was denied for right lower extremity radiculopathy.

The Board has decided to remand the Veteran's claims for right lower extremity radiculopathy and degenerative disc disease of the cervical spine due to inadequate development and lack of substantial compliance with previous remands.

The Veteran's claims for an increased evaluation of Arnold Chiari malformation type I with syringomyelia and service connection for a cervical spine disability, to include cervical radiculopathy were denied. The Board found that the current symptoms are attributable to other conditions and not directly related to service or service-connected disabilities.

The Veteran's service-connected disabilities, specifically his left knee/lower extremity and back disabilities, are found to render him unable to obtain or maintain gainful employment. The Board granted the TDIU claim with resolution of reasonable doubt in favor of the Veteran.

The Veteran's claims for increased ratings for sciatic nerve neuropathy and femoral nerve radiculopathy were denied as the evidence did not support a higher rating than 20 percent for left lower extremity sciatic nerve neuropathy, 20 percent for right lower extremity sciatic nerve neuropathy, or 10 percent for right femoral nerve radiculopathy.

The Board has remanded the cases for further evaluation due to inadequate examination findings and issues related to TDIU.

The Board has decided to remand the Veteran's appeal due to inadequate medical opinions and the need for further development, including a new VA examination.

The Veteran's claims for separate ratings for radiculopathy of the left and right upper extremities prior to December 5, 2019 were denied. The case is remanded for further examination.

The Board has remanded the Veteran's claims for service connection and increased ratings due to outstanding VA medical records, a need for additional examination regarding flare-ups, and potential TDIU issues.

The Board has remanded the claims for service connection and increased rating of bilateral leg disability due to insufficient development and consideration.

The Board has remanded the case for further development and consideration of whether a TDIU should be granted on an extraschedular basis prior to March 7, 2008.

The Board has decided to remand four issues related to the Veteran's service-connected disabilities: psychiatric, left knee, lumbar spine, and radiculopathy of the left lower extremity. The reasons for this are that the Veteran testified about increased severity since recent VA examinations and private evaluations, and requested additional VA examinations.

The Board has remanded the claims of service connection for depression, an initial rating in excess of 20 percent for right upper extremity radiculopathy, and a rating in excess of 10 percent for degenerative arthritis of the cervical spine with IVDS due to incomplete compliance with previous remand directives.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and a TDIU rating is granted.

The Veteran's service connection claim for restless leg syndrome was denied as there is no evidence linking the condition to her active duty service or a service-connected disability.,The Veteran's TDIU claim was also denied due to her having multiple service-connected disabilities, none of which alone meet the schedular requirements for TDIU.

The Board denied the Veteran's claims for evaluations in excess of 20 percent for his service-connected right and left lower extremity radiculopathy, finding that the disability manifestations have been manifested by pain, numbness, and tingling into the lower extremities without more severe neurologic impairment.

The Board denied the Veteran's claims for service connection for a lower back disorder and right lower extremity sciatica, finding that there was no evidence of such disorders in-service or immediately thereafter.,The Board also found that the Veteran did not meet the criteria for TDIU as his disabilities alone were not sufficient to render him unable to secure and maintain substantially gainful employment.