Radiculopathy & sciatica decisions — 2021

The Veteran's sciatic nerve paralysis of the bilateral lower extremities is being remanded for further development and consideration.

The Board has decided to remand several issues related to the Veteran's service connection claims, disability ratings, and TDIU claim due to inadequate VA examination opinions. The issues include obstructive sleep apnea, lumbar stenosis, right knee sciatic radulopathy, left knee sciatic radulopathy, and TDIU prior to October 3, 2015.

The Veteran's lumbar spine disability and associated radiculopathies are granted with a rating of 20 percent prior to December 21, 2018, and 40 percent thereafter. The right leg radiculopathy is rated at 20 percent from the onset, while left leg radiculopathy is rated at 10 percent since March 30, 2015.

The Board has dismissed the appeals for ratings in excess of 20 percent for degenerative disc disease, lumbar spine; right lower extremity radiculopathy; and left lower extremity radiculopathy due to the death of the appellant.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected TBI, depressive disorder, headaches, and tinnitus. Other service connection claims are either denied or remanded.

The Veteran's claims for increased ratings of his low back disability, left and right lower extremity radiculopathy, and psychiatric disability have been dismissed as the Veteran has withdrawn these appeals.

The Board has granted service connection for the Veteran's left lower extremity radiculopathy, finding that it is related to her service-connected back disability.

The Veteran's claims for service connection have been granted, and he is now entitled to compensation for various conditions including low back pain, pes planus, ocular migraine headache disability, and lumbar spine disability with bilateral lower extremity radiculopathy. The issues of increased ratings for tinnitus, cervical spine degenerative arthritis, extraschedular rating for bilateral hearing loss, and entitlement to a TDIU have also been resolved in his favor.

The Board has found that the Veteran has shown good cause for missing VA examinations related to his service connection claims. The Board has therefore ordered new VA examinations to determine if any of the claimed conditions are related to his military service.

The Board has granted service connection for schizoaffective disorder, headaches, and degenerative arthritis of the spine. Service connection was denied for right knee disability, left knee disability, hypertension, and left lower extremity radiculopathy.

The Veteran's claims for increased ratings for his cervical spine disability and associated radiculopathy of the right upper extremity are being remanded due to inadequate examinations in previous evaluations. The VA is required to obtain new examinations that comply with the requirements set forth by Correia, DeLuca, and Sharp.

The Board denied service connection for colon cancer due to lack of evidence linking the condition to service or exposure, and denied service connection for peripheral neuropathy other than right and left leg sciatica as it is not related to service. The issues were remanded.

The Veteran's right thigh scar, headaches, left upper extremity radiculopathy, and neck disability have been granted increased ratings. The Veteran's right upper extremity radiculopathy and peripheral vestibular disease remain denied. Service connection for an acquired psychiatric disorder has also been remanded.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment as of December 1, 2018.

The Veteran's bilateral lower extremity radiculopathy and diabetic neuropathy were denied increased ratings.,TDIU was granted from July 24, 2014 to July 15, 2016.

The Veteran's cervical spine disability was rated at 20 percent prior to January 23, 2008 and denied a higher rating. From January 23, 2008, the Veteran's cervical spine disability was rated at 30 percent and also denied a higher rating.,The Veteran's bilateral occipital neuralgia was initially rated at 20 percent and denied a higher rating.

The Board has remanded both issues for further evaluation due to the need for a medical examination and clarification of diagnostic codes.

The Board has remanded the cases for further development due to inadequate examinations and incomplete information. The Veteran's claims of higher disability ratings for his service-connected conditions are now pending.

The Veteran's claims for increased ratings and SMC based on the need for aid and attendance are being remanded due to the need for new examinations.

The Veteran's service-connected disabilities, including his lumbar spine disability and anxiety disorder, rendered him unable to secure and follow a substantially gainful occupation. The Board granted the TDIU claim.