Radiculopathy & sciatica decisions — 2020

The Board has remanded the case due to new evidence submitted by the Veteran that is relevant to her claim for service connection for a cervical spine disability. The issues of service connection for a cervical spine disability and right and left upper extremities as secondary to a cervical spine disability are being addressed.

The Veteran's lumbar spine disability is rated at 40 percent, effective November 10, 2020. A separate rating of 10 percent for radiculopathy of the right lower extremity as of February 1, 2014, remains in effect.

The Veteran's claim for a higher rating of 40 percent for his thoracolumbar spine disorder, which began in October 2013, was granted. The decision also noted that the Veteran has left leg lumbar radiculopathy, rated at 10 percent.

The Veteran's claim for a special home adaptation grant is denied as he does not meet the criteria for such a grant due to his service-connected disabilities.

The Veteran's claim for service connection for a right knee disability was reopened and granted. The claims for increased ratings for left knee strain with degenerative arthritis, right hip strain, and lumbar spine disability were denied. The TDIU claim was granted.

The Veteran's TDIU claim is granted on an extraschedular basis beginning May 6, 2011. The Board found that the Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment since then.

The issues of service connection for right lower extremity sciatica, left lower extremity sciatica, hearing loss (right ear), a right knee disability, and hypertension have been dismissed. The issue of service connection for obstructive sleep apnea has been granted.

The Veteran's claims for service connection for sciatica of the left lower extremity and residual lumbar scar associated with intervertebral disc syndrome were denied as there was no communication prior to July 31, 2012 that could be reasonably construed as a claim of entitlement to benefits.

The Board has determined that additional development is needed to ensure the Veteran receives proper notice and scheduling of VA examinations, as well as to address his claims for increased evaluations and service connection.

The Board has remanded the Veteran's appeal due to insufficient information regarding his service in the Puerto Rico Army National Guard, which is necessary for proper adjudication of all appealed issues.

The Veteran is seeking earlier effective dates for service connection awards and related benefits. The Board finds that additional evidence should be sought to support her claims.

The Veteran's appeals for left knee condition and right knee condition have been dismissed. The Board has remanded the issues of cervical spine with radiculopathy, lumbar spine condition, respiratory condition, glaucoma (claimed as secondary to respiratory condition), stomach ulcer, and GERD.

The Veteran's claims for increased ratings are being remanded due to the need for additional medical examination and consideration of new evidence.

The Board has remanded the Veteran's claims for an increased rating for allergic rhinitis, service connection for a cervical spine disability, and service connection for radiculopathy of the left upper extremity. The remand is due to obtain clarifying VA medical opinions regarding these issues.

The Veteran's appeal includes claims for increased ratings and service connection for various conditions, including headaches, hypertension, lumbar strain, cervical fusion, and radiculopathy. The Board has remanded the case to obtain additional medical records from the Veteran's treatment providers.

The Veteran's claims for service connection of multiple conditions were granted effective October 1, 2011.

The Veteran's right total knee replacement is rated at 60 percent since August 1, 2020. The Board also granted eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Veteran's service-connected lumbosacral spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are all found to be more disabling than currently (or initially) evaluated. The Board finds that a more contemporaneous VA examination is needed to determine the current nature and severity of these service-connected disabilities.

The Veteran's service-connected disabilities, including radiculopathy of the bilateral lower extremities and lumbar and sacral disc degeneration and arthritis, have resulted in loss of use of his lower extremities. As a result, he is eligible for specially adapted housing assistance. However, his claim for special home adaptation grant has been denied as moot.

The Veteran's hypertension and bilateral upper and lower extremity neuropathy are remanded for additional development to determine if they are related to his service, including chemical exposure.