Radiculopathy & sciatica decisions — 2020

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for service connection, as well as his claim for an increased rating for radiculopathy of the right lower extremity. The issues have been remanded.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment since April 24, 2009.

The Veteran's claim for SMC at the R-1 or R-2 level is remanded due to outstanding VA and non-VA treatment records. The AOJ should obtain these records and conduct further development as needed.

The Board has reopened the Veteran's claim for service connection for neck disability due to new and material evidence. The claims for service connection for headache disability, neurological impairment of the upper extremities, and neurological impairment of the lower extremities are remanded as they are inextricably intertwined with the reopening of the neck disability claim.

The Board has remanded several issues for issuance of a supplemental statement of the case (SSOC) after new evidence was submitted without waiver of RO review. The TDIU issue remains on appeal.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further evaluation of certain conditions.

The Veteran's PTSD is rated at 70 percent prior to December 20, 2016. Beginning December 20, 2016, the rating for PTSD is denied as it does not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for service connection for radiculopathy, sciatic nerve, right lower extremity; genitourinary disability other than recurrent urinary tract infection, to include prostatitis and BPH; and recurrent urinary tract infection, to include residuals related to this disorder. The issues of entitlement to service connection for vertigo have been remanded.

The Veteran's service-connected back disability and lower bilateral radiculopathy disabilities rendered him unable to secure or follow a substantially gainful occupation as of August 3, 2006. The Board granted TDIU on an extraschedular basis for the period from August 3, 2006 to April 21, 2016.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.

The Veteran's appeal is remanded due to a duty-to-assist error, and he needs an examination to determine his eligibility for specially adapted housing or a special home adaptation grant.

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The Veteran's request for self-employment assistance through Vocational Rehabilitation and Employment (VR&E) was granted. The decision found that the Veteran has a serious employment handicap due to his service-connected disabilities, which necessitated selection of self-employment as the only reasonably feasible vocational goal.

The Veteran's claim for a higher rating for his back disability and left lower extremity radiculopathy was denied. The Board found that the evidence did not support a higher rating based on range of motion or neurologic impairment.

The Veteran's right lower extremity radiculopathy is granted with a 20 percent rating, effective September 14, 2017.

The Board has granted service connection for the left dorsal olecranon enthesophyte of the elbow, finding that it began during active service. The other issues are remanded for further development.

The Board has dismissed the appeal for an earlier effective date for a total disability rating based on individual unemployability (TDIU) as it does not have jurisdiction over this issue.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including severance of service connection for radiculopathy and ratings for back strain and knee conditions.

The Veteran's cervical spine disability and bilateral upper extremity radiculopathies are currently rated at the minimum levels, with no higher ratings assignable based on current evidence. The case is remanded for further evaluation.

The Veteran's service-connected lumbar spine degenerative disc disease and left lower extremity sciatica required immediate medical attention on February 15, 2016. The nearest VA facility with an emergency department was 123 miles away, making it infeasible to use them beforehand. Therefore, the Board finds that payment or reimbursement for unauthorized medical expenses incurred at Lehigh Regional Medical Center is granted.