Radiculopathy & sciatica decisions — 2020

The Board has decided to remand the Veteran's claims of service connection for lumbar spine disability, headache disability, and blackout disability due to missing VA treatment records. The AOJ is instructed to obtain all available VA medical records from the Veteran's separation date through today and any private medical records that have not yet been associated with the file.

The Board has remanded several issues related to the Veteran's hip, back, and neurological disabilities, as well as his acquired psychiatric and insomnia conditions. These issues are being returned for further development.

The Veteran's claims for effective dates of service connection for left and right lower extremity sciatic nerve disabilities, as well as increased ratings for his lumbar spine disability, are granted. The case is remanded to obtain additional VA medical records and to schedule the Veteran for a new VA examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of his symptoms.

The Veteran's lumbar spondylosis is rated at 40 percent, and his right and left lower extremity radiculopathy are each rated at 20 percent.,Service connection for sleep apnea has been remanded.

The Board dismissed the appeals regarding severance of service connection for mechanical back pain syndrome and radiculopathy, right lower extremity. The appeal regarding entitlement to service connection for migraine headaches is remanded due to a duty to assist error.

The Board has remanded the cases due to inadequate VA examinations and opinions regarding the etiology of the Veteran's hip, knee, lumbar spine, lower extremity radiculopathy, and foot disorders. The VA examiner is requested to provide nexus opinions considering the Veteran's service duties as a combat medic and his reported in-service injuries.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral lower extremity radiculopathy disabilities are remanded due to the need for a new VA orthopedic examination.

The Veteran's appeals for increased ratings were denied as a matter of law due to his failure to report for VA examinations.

The Veteran's claim for service connection for bilateral foot condition, presbyopia and astigmatism of the eyes, obstructive sleep apnea, left upper extremity radiculopathy, sciatic nerve radiculopathy, femoral nerve radiculopathy, surgical scars on knees, degenerative disc disease of the lumbar spine, degenerative joint disease of the left knee, total right knee replacement, cervical strain with intervertebral disc syndrome, tinea corporis and onychomycosis, gastroesophageal reflux disease, rectal fissures/hemorrhoids, malaria residuals, and service connection for TDIU have been granted. The Veteran's claims for earlier effective dates were denied.

The Board has remanded the issue of service connection for left upper extremity radiculopathy due to an inadequate VA examination. The Veteran contends that his current nerve disability, including radiculopathy, is related to his service-connected left shoulder disability.

The Veteran's interstitial lung disease is rated at a 30 percent rating since January 10, 2017. The Board also granted the Veteran a TDIU due to his service-connected disabilities.

The Board denied service connection for a back disability and sciatica, finding that the preponderance of evidence does not support a link between these conditions and the Veteran's active service.

The Veteran's appeals for service connection on the remaining issues have been withdrawn. The claims of asbestosis, pulmonary arterial hypertension, and pulmonary fibrosis are remanded due to inextricability with other claims.

The Board has determined that an earlier effective date of July 18, 2012 is granted for the service connection of right and left lower extremity radiculopathies. The Veteran's claim for increased ratings in his right wrist disability, right knee disability, and left knee disability are remanded for further development. Additionally, a TDIU issue is also remanded.

The Veteran is granted a staged initial rating of 40 percent and no higher for anterior spondylolisthesis from January 11, 2019 to the present.,The Veteran's radiculopathy of the right lower extremity is granted a staged initial rating of 10 percent and no higher prior to June 24, 2014, and a staged initial rating of 10 percent and no higher from June 24, 2014 to January 11, 2019.,The Veteran's radiculopathy of the left lower extremity is granted a staged initial rating of 10 percent and no higher prior to June 24, 2014, and a staged initial rating of 10 percent and no higher from June 24, 2014 to January 11, 2019.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his service-connected lumbar spine, radiculopathy, and post-operative scar.

The Veteran's right and left upper extremity radiculopathy were granted initial ratings of 50% and 40%, respectively, effective from January 7, 2014 to March 26, 2018.

The Board has remanded the cases due to insufficient reasoning in determining that the Veteran's radiculopathy is only mild in severity.

The Veteran's diabetes mellitus type II was rated at 20 percent prior to January 12, 2017 and increased to 40 percent from January 12, 2017 to November 1, 2018.,From November 1, 2018 onwards, the Veteran's diabetes mellitus type II is rated at 40 percent.