Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities, including MDD, PTSD, cervical spine degenerative arthritis, radiculopathy of the upper extremities, and migraine headaches, have rendered him unable to secure or maintain substantially gainful employment throughout the entire appeal period prior to December 19, 2013. As a result, he is granted a TDIU rating.

The Board has remanded the case due to inadequate opinions regarding the etiology of the Veteran's neurological disability, specifically carpal tunnel syndrome and peripheral neuropathy. A new VA examination is needed.

The Veteran's appeal for a higher rating for tinnitus must be denied as the maximum schedular rating of 10 percent has been assigned.,The awards of service connection for left and right lower extremity femoral nerve radiculopathy are not entitled to an earlier effective date due to failure to perfect an appeal in January 2014.,Increased ratings for PTSD, thoracolumbar spine degenerative disc disease, left and right lower extremity femoral nerve radiculopathies, and left and right lower extremity sciatic nerve radiculopathies are remanded. The Veteran's entitlement to service connection for sleep apnea is also remanded.,The award of an earlier effective date for the increased rating of 20 percent for right lower extremity sciatic nerve radiculopathy is remanded.,The issue of a TDIU prior to June 2, 2017 is inextricably intertwined with the increased rating claims and must be remanded as well.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including hypertension, radiculopathy of the upper and lower extremities, arthritis, and a nerve condition. The Board has withdrawn some claims and remanded others for further review.

Your claims for lumbar spine, left leg, and right leg disabilities have been granted. The Board does not have jurisdiction over these issues as they are no longer in dispute.

The Board has remanded the case for further development and adjudication due to inadequate medical opinions provided by VA examiners in previous examinations. The Veteran's claims of increased ratings for his service-connected low back disability, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity are being remanded.

The Board has dismissed all the issues of appeal, including service connection for hypertension and thermoregulation associated with sarcoidosis due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Veteran's service-connected disabilities do not render him unemployable, as the evidence does not show marked interference with employment or frequent periods of hospitalization due to his service-connected conditions.

The Veteran's appeal for higher ratings for his service-connected peripheral neuropathy of the bilateral lower extremities was denied. The Board found that the evidence did not support a finding of moderately-severe incomplete paralysis, which is required for a rating in excess of 20 percent.

The Board has remanded the case for a determination on whether the Veteran's service-connected disabilities precluded him from securing or following substantially gainful employment prior to July 2, 2014. The decision is pending further review.

The Board has remanded the cases for further development due to incomplete assessments of the Veteran's lumbar spine disability and sciatic radiculopathy. The VA is required to schedule a new examination to assess the current severity and manifestations of her service-connected conditions, including range of motion measurements in active and passive motions under weight-bearing and non-weight-bearing circumstances.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and his left and right lower extremity radiculopathy are each rated as 10 percent disabling. The Veteran has been granted a 20 percent rating for both conditions effective March 10, 2020.,The Board denied the Veteran's claim of entitlement to TDIU based on his service-connected disabilities.

The Veteran's TDIU claim is granted due to his service-connected disabilities, which have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's TDIU claim due to unclear reasons for denying his service-connected disabilities and failure to adequately explain why he was not considered unemployable. The appeal period began before a rating increase, so evidence up to one year prior is considered.

The Board has remanded the cases for further development and opinion regarding service connection for COPD, left hip disability, and sciatic nerve disability.

The Veteran's hypertension, cervical spine disability, bilateral knee disabilities, and upper extremity radiculopathy are all remanded for further development.

The Veteran's tinnitus is rated at its maximum schedular rating of 10 percent.,Service connection for left lower extremity radiculopathy and midline lumbar surgical scar have been granted effective June 23, 2015.

The Board denied the claims for service connection for lumbar spine disability and sciatica, to include as due to lumbar spine disability. The evidence did not support a finding of direct service connection or secondary service connection.

The Board has remanded the Veteran's claims for cervical strain, degenerative joint disease of the lumbar spine, left and right lower extremity radiculopathy, and TDIU due to ongoing issues with scheduling VA examinations.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative arthritis of the lumbar spine, finding that the evidence is in relative equipoise with respect to whether the Veteran currently has this condition.