Radiculopathy & sciatica decisions — 2021

The Veteran's claim for service connection for tinnitus is granted. The claims for a compensable disability rating for migraine headaches and an initial compensable rating for radiculopathy of the left lower extremity are remanded, as well as the TDIU claim.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to March 17, 2016.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and there is no evidence showing he is unemployable solely due to his service-connected conditions.

The Veteran's right lower extremity radiculopathy was granted a 20% evaluation effective May 13, 2021. The Board found the evidence in equipoise that his left lower extremity radiculopathy warranted a 20% rating since September 5, 2014.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions regarding his lumbar spine disability, associated radiculopathy, and bilateral ankle disabilities.

The Board has denied the Veteran's claims for service connection for back disability, right upper extremity disability, left upper extremity disability, right lower extremity disability, and left lower extremity disability due to lack of evidence linking these conditions to his military service.

The Board has determined that the claims for bilateral knee disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy must be remanded due to insufficient evidence in the record.

The Veteran's appeal for increased ratings for his lumbar spine disability and related conditions is dismissed. The Board has remanded the issues of service connection, TDIU, and secondary service connection.

The Board denied service connection for left knee condition, back condition, and bilateral lower extremities sciatica as there is no evidence of current disabilities or impairment related to these conditions.

The Veteran's appeal is remanded for additional examinations to determine the nature and etiology of her sleep apnea, right upper extremity carpal tunnel syndrome, and cervical spine disability. The rating reduction from 10 percent to noncompensable for left lower extremity radiculopathy was improper.

The Veteran's electric wheelchair, prescribed for his service-connected spinal condition, is found to cause wear and tear on his clothing. The Board grants an annual clothing allowance for the year 2021.

The Veteran's claims for service connection and a separate 10 percent rating, but not higher, for a painful scar of the left knee are granted. The claim for service connection for erectile dysfunction as secondary to service-connected hypertension is also granted.

The Veteran's claims for service connection have been dismissed as she has withdrawn her appeals regarding these conditions.

The Board dismissed the Veteran's claims for earlier effective dates and higher ratings for his service-connected disabilities, including bilateral lower extremity radiculopathy and a lumbar spine disability. The appeal was remanded to obtain updated VA examinations.

The Veteran's claims for service connection for a left ankle disability and PTSD were dismissed as the claims have been resolved by full grant of benefits.,The Veteran's adjustment disorder with anxiety and depressed mood, previously claimed as PTSD, was also dismissed.

The Board has remanded the Veteran's claims for pes cavus, left and right ankle disabilities, bilateral shin splints, lumbar spine disability, left lower extremity neuropathy, right lower extremity neuropathy, and right leg radiculopathy due to inextricable interdependence with the claim of service connection for pes cavus.

The Board has determined that a VA examination is needed to assess whether the Veteran's cervical spine disability has caused and/or aggravated his radiculopathy of the bilateral upper extremities. Service connection for these conditions will be granted if found to be warranted.

The Board has determined that there was not substantial compliance with the November 2019 remand directives and thus, another remand is necessary to identify all low back disabilities present during the appeal period and obtain medical opinions regarding their etiology.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and a total disability rating based on individual unemployability (TDIU) is granted.

The Board has granted earlier effective dates of April 17, 2009 for service connection of bilateral lower extremity radiculopathy as secondary to the Veteran's lumbosacral degenerative arthritis.