Radiculopathy & sciatica decisions — 2021

The Board has denied service connection for right and left ear hearing loss, tinnitus, lumbar spine disorder, right knee disorder, left knee disorder, right foot plantar fascitis, left foot plantar fascitis, sciatica, rhinitis, sinusitis, and headaches as the evidence does not support a current disability.,The Board found that the Veteran did not have a current diagnosis of any of these conditions.

The Board dismissed the appeals due to the appellant's death, and no service connection was established for either condition.

The Board has remanded the cases for additional development and an addendum opinion regarding the etiology of the Veteran's conditions, including service connection.

The Veteran's claims for increased ratings of his lumbosacral strain and associated bilateral lower extremity radiculopathy are being remanded due to the need for clarification on whether the range of motion tests were performed in a weight-bearing position, or if additional examinations are required.

The Veteran's right-sided sciatica is rated at 20 percent from August 21, 2019. The Board denied an initial rating higher than 10 percent prior to that date and a rating in excess of 20 percent after that date.

The Veteran's service-connected disabilities, including diabetes mellitus, PTSD, and peripheral neuropathy, made it impossible for him to secure or follow a substantially gainful occupation from April 3, 2009, to June 14, 2016, and from October 1, 2016, to August 1, 2017.

The Veteran's lumbar spine disability, including radiculopathy of the bilateral upper and lower extremities, is rated at 40 percent effective July 24, 2019.

The Veteran's TDIU claim is dismissed as moot due to the concurrent assignment of a 100 percent rating for service-connected disabilities and SMC benefits. The SMC based on need for regular aid and attendance claim is denied as the evidence does not show that the Veteran requires regular aid and assistance.

The Veteran's lumbar spine disability is granted service connection. Service connection for right and left lower extremity radiculopathy secondary to the lumbar spine disability is remanded.

The Board has remanded the Veteran's claims for further development due to outstanding medical records and incomplete opinions regarding his claimed disabilities.

The Veteran's service-connected disabilities have not precluded him from obtaining or maintaining a substantially gainful occupation.

The Board has determined that the VA examinations and medical opinions provided were not in compliance with the November 2020 remand directives, thus requiring another remand for further development.

The Veteran's neurogenic bladder with stress and urge incontinence is currently rated at 40 percent prior to October 22, 2020 and 60 percent beginning from that date. The RO must obtain all records related to the September 2014 cervical fusion.,The Veteran's degenerative arthritis of the cervical spine is currently rated at 10 percent prior to December 7, 2016 and 30 percent beginning from that date. The RO must obtain all records related to the September 2014 cervical fusion.,The Veteran's cervical radiculopathy of the right upper extremity is currently rated at 40 percent since May 2, 2018. The RO must obtain all records related to the September 2014 cervical fusion.,The Veteran's cervical radiculopathy of the left upper extremity is currently rated at 30 percent effective from May 2, 2018. The RO must obtain all records related to the September 2014 cervical fusion.

The Board has determined that the Veteran's claims for glaucoma, lipoma, multiple myeloma, melanoma, lung condition (asthma and bronchitis), lower back pain, and bilateral leg tingling are not supported by evidence of a current disability related to service. As such, these issues have been remanded for further development.

The Board has remanded the claims for left leg sciatica, right lower extremity peripheral neuropathy, service connection for left lower extremity peripheral neuropathy, and service connection for right leg sciatica due to incomplete responses in a previous VA opinion.

The Board has remanded the Veteran's claims for radiculopathy of the lower extremities and gastritis due to conflicting evidence and need for further examination.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for various conditions and claims of secondary service connection. The decision also notes that there are outstanding VA treatment records which need to be obtained.

The Board found that the Veteran's service-connected conditions do not reach the level of equipoise as to whether he requires aid and attendance or is permanently housebound, thus denying his claim for special monthly compensation based on need for aid and attendance and/or housebound status.

The Board has determined that the AOJ did not substantially comply with its November 2020 remand directives regarding obtaining service personnel records and private medical records. The Veteran's left ankle condition, lower back condition, and bilateral lower extremity radiculopathy claims are being remanded for further development.

The Veteran's service-connected disabilities prevent her from securing and following substantially gainful employment prior to May 29, 2020. She is also found unable to secure or maintain substantially gainful employment due to her service-connected conditions.