Radiculopathy & sciatica decisions — 2021

The Board has determined that additional development is needed for the cervical spine, lumbar spine, and upper extremity radiculopathy claims due to the need for retrospective medical opinions. The remaining issues are remanded for readjudication.

The Veteran's sciatic neuropathy of the right lower extremity is granted as secondary to his service-connected stress reactions of the feet and ankles. The effective dates for other claims are remanded.

The Board has remanded the case due to insufficient examination addressing secondary service connection for left lower extremity disability (sciatica, radiculopathy, and foot numbness) to include as secondary to service-connected low back pain and/or left leg shin splints.

The Board has restored the Veteran's ratings for radiculopathy of the right and left lower extremities. The claims of service connection for OSA and increased rating for low back disability are being remanded due to insufficient evidence.

The Board has denied service connection for right and left knee, leg, and hand disabilities (other than sciatic nerve pain) as there is no evidence of a current disability separate from the Veteran's service-connected back and sciatic nerve pain.

The Veteran's appeals for increased ratings and service connection have been withdrawn.,The Veteran's claims for deviated septum, obstructive sleep apnea, acid reflux, heart disability (enlarged heart and cardiomyopathy), restless leg syndrome of the right leg, restless leg syndrome of the left leg, and TDIU are REMANDED.

The Board has ordered a remand to obtain an independent medical expert opinion regarding the Veteran's sciatic nerve damage following hip replacement surgery. The appeal will be reconsidered based on this new evidence.

The Veteran's service connection for migraine headaches is granted. The rating for pansinusitis prior to August 7, 2019, is increased to 30 percent; however, the rating as of August 7, 2019, remains at 50 percent. The rating for hiatal hernia with GERD prior to August 7, 2019, is denied. The rating for cervical spine disability and right carpal tunnel syndrome with radiculopathy are remanded.

The Board has remanded the cases due to inconsistencies in the record and for further development. The Veteran's RLE radiculopathy/neuropathy is associated with his back disability, but BUE peripheral neuropathy is not related to service or herbicide exposure.

The Veteran's LLE radiculopathy is granted with a rating of 20 percent. The issue of service connection for an acquired psychiatric disability, to include depression and PTSD, is remanded due to incomplete information.

The Veteran's service-connected disabilities prevent her from obtaining and maintaining substantially gainful employment, and the Board has granted a TDIU based on this finding.

The Veteran's low back disability and lower extremity radiculopathy have been granted initial ratings of 50%, 40%, and 20% respectively, effective from May 30, 2015.

The Veteran's claims for effective dates prior to September 26, 2016 for the grants of service connection for intervertebral disc syndrome, tinnitus, and bilateral lower extremity radiculopathy have been denied.,The Veteran's claim for an earlier effective date for a 50% disability rating for bilateral flat feet has also been denied.

The Board has remanded the claims for service connection due to insufficient medical opinions addressing the issue of aggravation of non-service-connected disabilities by service-connected knee disabilities.

The Board dismissed the appeal due to the death of the appellant, and no merits decision was made.

The Veteran's claims for higher ratings for his back disability and radiculopathy are remanded due to inadequate examination findings. The TDIU claim is also remanded as it is intertwined with the rating claims.

The Veteran's claim for a higher rating for his back disability is denied. The Board finds that the preponderance of evidence does not support a rating in excess of 20 percent for his lumbar spine disability. Additionally, compensable evaluations are granted for bilateral lower extremity radiculopathy effective December 8, 2015.

The Veteran's cervicogenic headache disability is rated at 30 percent, which is the highest rating available under the applicable diagnostic code. The Veteran's left lower extremity radiculopathy has been rated at 10 percent and his right lower extremity radiculopathy prior to November 13, 2017, was also rated at 10 percent, while after that date it is rated at 20 percent. All these ratings are denied.

The Board has remanded several issues related to the Veteran's low back strain, cervical spine strain, and radiculopathy of the upper extremities due to inadequate examination reports. The AOJ is instructed to schedule a new VA examination for the Veteran.

The Veteran's claim for service connection for bilateral recurrent tinnitus is granted. The Board finds that the evidence is at least in equipoise as to whether the current tinnitus arose in service, and resolves all reasonable doubt in favor of the Veteran.