Radiculopathy & sciatica decisions — 2021

The Board has remanded the claims for additional development due to outstanding treatment records and a need for a retrospective medical opinion regarding functional loss during flare-ups.

The Veteran's appeal for service connection for a left ankle condition was dismissed. The Board also remanded the issues of service connection for a back disability and left lower extremity radiculopathy.

The Veteran's appeals for higher ratings and earlier effective dates have been dismissed.,The Veteran was granted a TDIU from July 7, 2016.

Service connection for a low back disability, right leg sciatic pain, and left leg sciatic pain and paresthesia is denied.,Service connection for an acquired psychiatric disorder (unspecified depressive disorder with anxious distress) is granted.

The Veteran's C-7 radiculopathy of the right upper extremity was rated at 40 percent, but the Board found that his condition did not meet the criteria for a higher rating as it did not result in severe incomplete paralysis or complete paralysis.

The Veteran's service-connected left and right upper extremity radiculopathy have been denied as they are not related to her service or service-connected conditions.,Service connection for the Veteran's bilateral upper extremities condition has also been denied due to lack of evidence showing a relationship between the condition and service.

The Board has granted service connection for OSA, Type 2 Diabetes Mellitus, low back disabilities (including degenerative arthritis, IVDS, and osteoarthritis of the lumbar spine with radiculopathy), right knee DJD, and left knee DJD. The appeal is remanded for further development regarding kidney stones.

The Board has remanded the Veteran's claims for higher ratings and TDIU due to incomplete records, including private treatment records from 2014.

The Board has dismissed all the issues on appeal due to the death of the Veteran before a final decision could be made.

The Veteran's cervical spine disability was granted an initial 20% rating until September 28, 2020. From that date onwards, a higher rating is denied.,For the radiculopathy of the right upper extremity, a higher initial rating is denied from September 28, 2020 onwards.

The Veteran's service-connected disabilities, including cervicogenic headaches, depression and/or anxiety, cervical spine disability, cervical radiculopathy of the right upper extremity, and sixth thoracic vertebrae associated with status post cervical fusion, likely preclude him from securing or following a substantially gainful occupation. The Board has granted entitlement to TDIU.

The Board has remanded the Veteran's claims for special monthly compensation (SMC) based on need for aid and attendance, and a total disability rating based on individual unemployability (TDIU), due to service-connected disabilities prior to January 22, 2019. The issues are being remanded for further development including obtaining additional medical opinions.

The Veteran's appeal is being remanded due to the need for new VA examinations and consideration of his increased severity claims. The issues include ratings for chronic sinusitis, rhinitis, sleep apnea, lumbar strain and discogenic disease, lower extremity radiculopathy, left knee meniscectomy residuals with degenerative joint disease (DJD), left knee instability, and TDIU.

The Veteran's neck and low back disabilities are granted as service-connected, with the Board finding that there is at least a 50% likelihood that these conditions were caused by his military service.

The Board has remanded the claims for an evaluation of the lumbar spine disability and radiculopathy, as well as a TDIU claim due to inadequate medical opinions from previous examinations. The Veteran's service-connected conditions are being reviewed with a focus on their severity prior to November 2019.

The Veteran's service-connected conditions do not preclude him from securing or following a substantially gainful occupation, and thus his claim for TDIU is denied.

The Board has dismissed the Veteran's appeal for ratings in excess of 20 percent for left lower extremity and right lower extremity radiculopathy as the appellant withdrew his appeal prior to a decision being made.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine with herniated nucleus pulposus, and bilateral lower extremity radiculopathy are being remanded due to insufficient evidence in his claims file.

The Veteran's service-connected disabilities have prevented him from securing or maintaining gainful employment, and the Board has granted a TDIU based on these conditions.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran's current back condition is not causally related to her in-service injury and was more likely due to age-related degenerative changes.