Radiculopathy & sciatica decisions — 2021

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his sleep apnea. The examiner is requested to provide an addendum opinion addressing these issues.

The Board has remanded the cases for further development due to outstanding private treatment records and VA treatment records from March 2020 onward.

The Veteran's radiculopathy of the right thigh is rated at 10 percent, and his lumbar sprain with residual myofascial pain is rated at 20 percent. The Board denied a higher rating for both conditions.

The Veteran's increased rating claim for radiculopathy of the left leg was granted, and he received a temporary total evaluation due to treatment requiring convalescence. He also received a TDIU.

The Veteran's back disability is rated at 40 percent, and the appeal for a higher rating remains pending. A separate rating for sciatic nerve in the left lower extremity has been granted. The claims of service connection for depression and TDIU are also remanded.

The Veteran's service-connected disabilities render him unable to maintain gainful employment effective February 25, 2013. A TDIU is granted on an extraschedular basis.

The Board has remanded the service connection claims for a cervical spine disorder and residuals of traumatic brain injury (TBI) to include a headache disorder, as well as the SMC and SMP claims. The issues are being remanded due to conflicting opinions regarding whether the Veteran's falls were caused or aggravated by his service-connected disabilities.

The Veteran's claims for a higher rating for his right foot disability and TDIU are being remanded due to the need for additional development, including obtaining medical records and employment information.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) on an extraschedular basis prior to August 23, 2011. The evidence did not establish that his service-connected conditions alone rendered him incapable of obtaining or maintaining substantially gainful employment during this period.

The Board has remanded the issues of TDIU and nonservice-connected pension benefits due to incomplete information provided by the Veteran.

The Veteran was granted a TDIU rating on an extraschedular basis from January 31, 2014, to January 22, 2018.,Prior to January 31, 2014, the Veteran did not meet the schedular criteria for TDIU.

The Veteran's cervical spine disability, right shoulder/upper clavicular radiculopathy with RUE carpal tunnel syndrome, and LUE carpal tunnel syndrome are not rated higher than the currently assigned ratings. The Veteran’s OSA with residuals of sarcoid is also not rated higher.

The Board has granted earlier effective dates for service connection of degenerative arthritis of the spine and right lower extremity radiculopathy, femoral nerve. However, several issues remain unresolved and need to be remanded.,Service connection is being remanded for instability and swelling of the left ankle, instability and swelling of the right ankle, and bilateral shin splints.

The Veteran's PTSD is rated at 50 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's neck disability is rated at 20 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's right upper extremity radiculopathy is rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's TBI residuals are rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.

The Veteran's bilateral dry eye syndrome is rated as 20 percent disabling, left upper extremity radiculopathy as 20 percent disabling prior to July 8, 2020 and as 20 percent disabling from that date, and left thumb disability as 10 percent disabling prior to July 8, 2020 and as 20 percent disabling thereafter. The Veteran's claims for higher ratings are granted.

The Board denied service connection for a sleep disorder and found that the Veteran's insomnia was related to his already service-connected depressive disorder. The Board also denied an initial disability rating greater than 20 percent for cervical spine disability, as forward flexion of the cervical spine did not limit to 15 degrees or less during the claim period.,The Board denied entitlement to a separate compensable rating for left upper extremity neurological abnormality associated with cervical spine disability and found that right upper extremity radiculopathy was characterized as moderate incomplete paralysis on the dominant side.

The Board has remanded the Veteran's claims for service connection and evaluation of his low back disability, left hip radiculopathy, urinary frequency, and acquired psychiatric disorder due to inconsistencies in medical records and examination reports. The claims are being returned for further development.

The Veteran's goal of becoming a helicopter flight instructor is feasible, but further development is needed to determine if additional training or changes in career goals are necessary.

The Board has remanded the claims for service connection due to insufficient medical opinions addressing all segments of the thoracolumbar spine and whether any pre-existing conditions were aggravated by service.

The Veteran's appeal for a higher rating for his lumbar spine intervertebral disc syndrome was denied. He was granted a 20 percent rating prior to October 8, 2018, and a 40 percent rating on and after that date for left lower extremity sciatica.,A remand is ordered due to the Veteran's assertion regarding his unemployability.