Radiculopathy & sciatica decisions — 2020

The Board has remanded the claims for service connection for low back disability, right leg sciatica, and left leg sciatica due to inadequate development in a previous remand. The Veteran's lay testimony and medical records indicate he experienced back pain following service and during post-service visits. A new opinion is needed from an orthopedist regarding the etiology of his current diagnosed conditions.

The Veteran's claims for increased ratings for various service-connected disabilities, including hearing loss, anxiety disorder, headaches, sleep apnea, shoulder strain, vertigo, back issues, sciatica, and nerve damage in the upper extremities, were denied. The Board found that there was no evidence of current disability for some conditions (e.g., left ear hearing loss) or insufficient symptoms to warrant higher ratings.

The Veteran withdrew his appeals for all issues currently before the Board, including those related to increased ratings and TDIU.

The Board has remanded the Veteran's claim of service connection for a cervical spine disability beyond that of cervical strain, including degenerative disc disease, cervical radiculopathy, and arthritis due to conflicting opinions on the etiology of his condition. The case is now pending with instructions to obtain an adequate opinion considering the Veteran's lay statements regarding symptoms prior to 1987.

The Board denied the claim for TDIU due to insufficient evidence showing that the Veteran's service-connected disabilities alone render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for further development due to inconsistencies in the range of motion findings and need for a retrospective opinion regarding pain on motion. The TDIU claim is also deferred until the increased rating claims are resolved.

The Board has remanded the case due to ambiguity in medical opinions regarding the cause and aggravation of the Veteran's sciatic nerve disability. The new opinion is needed to address whether the May 2009 cervical decompressive laminectomy caused or aggravated any existing right lower extremity disabilities.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical records and providing clarifying opinions from VA examiners.

The Board denied service connection for bilateral knee disability, heart disorder, sleep apnea, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity. The Veteran's radiculopathy with atrophy, right lower extremity, was rated 10 percent; the rating for radiculopathy, left lower extremity, was also 10 percent.,The Board denied service connection for a heart disorder and found that the Veteran’s conditions were less likely than not proximately due to or the result of his service-connected adjustment disorder or bronchitis.

The Veteran's service-connected disabilities do not meet the schedular criteria for assignment of a TDIU, and his employment history does not reflect that he is unable to engage in substantially gainful employment as a result of his service-connected disabilities.

The Board has remanded the case due to issues related to the Veteran's right upper extremity radiculopathy, including delays in diagnosis and treatment. The issue of service connection for cystic acne is not addressed.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's service-connected disabilities, particularly his right shoulder disability and lumbar spine disability, caused or aggravated his obstructive sleep apnea (OSA).

The Board has remanded several claims for further development, including those related to PTSD, lumbar spine DDD, ED, and respiratory conditions. The Veteran's service connection claims are being reviewed due to new evidence submitted by the Veteran.

The Veteran's cervical spine disorder, right lower extremity radiculopathy, and chronic ethmoid sinusitis have been granted service connection. The Veteran is now receiving a noncompensable rating for chronic ethmoid sinusitis.

The Veteran's appeal for TDIU was withdrawn, and he is granted a 30% rating for chronic sinusitis. His right ear hearing loss disability claim is denied.,Service connection for functional gastrointestinal symptoms, fibromyalgia, bilateral knee disabilities, pseudofolliculitis barbae, bronchitis (chronic cough), chest wall disability, and acquired psychiatric disability are remanded.,TDIU appeal is dismissed. Service connection for erectile dysfunction, sinusitis, lumbar spine, bilateral lower extremity nerve disabilities, and TDIU issues are also remanded.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities from January 3, 2007, to April 16, 2008. The evidence showed that the Veteran's service-connected conditions prevented him from securing and maintaining substantially gainful employment.

The Board has remanded the case due to insufficient development of in-service stressors and need for additional medical opinions regarding the etiology of any acquired psychiatric disorder.,Service connection is denied for low back disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's left lower extremity radiculopathy associated with degenerative changes L4-5, L5-S1 is currently rated at 10 percent and the Board has denied a higher rating.

The claims for service connection have been reopened, but the Veteran's diabetes and related conditions are not found to be service-connected. The Board has remanded several issues including service connection for a low back disability, sciatic nerve, right lower extremity, and bilateral upper extremity diabetic neuropathy.

The Veteran's bilateral upper and lower extremity neuropathy/radiculopathy render him unemployable prior to March 25, 2016. The Board finds that a TDIU is warranted for this period.