Radiculopathy & sciatica decisions — 2021

The Veteran's bilateral hearing loss claim is remanded, as are his claims for increased ratings and TDIU. The VA will obtain treatment records, schedule examinations, and provide an addendum opinion regarding the etiology of the Veteran's bilateral hearing loss.

The Veteran's claims for increased ratings for cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him incapable of securing and following substantially gainful employment.

The Board denied the Veteran's claim for service connection for bilateral shin splints, finding that there was no evidence of a nexus between his current condition and his military service. The TDIU claim was also denied as the Veteran had not been found to be unemployable due to his service-connected disabilities prior to March 2019.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's left leg radiculopathy and urinary incontinence are related to his service-connected lumbar spine disability. The VA must obtain new medical opinions addressing these issues.

The Board dismissed the Veteran's appeals for increased disability ratings in excess of 10 percent for tinnitus, right knee patellofemoral syndrome, left knee patellofemoral syndrome, and lumbar spine strain. The appeal for a compensable rating for left lower extremity radiculopathy was also dismissed as the Veteran withdrew his claims.

The Board has determined that the VA examinations for the low back disability and lower extremity radiculopathy were insufficient, and remanded for further examination. The issues of service connection for lower extremity radiculopathy are inextricably intertwined with the issue of increased rating for a back disability.

The Veteran's service-connected disabilities, including lumbosacral strain, cubital tunnel syndrome, and other conditions, have prevented him from obtaining or following substantially gainful employment since August 1, 2009.

The Veteran's PTSD symptoms have not met the criteria for a higher rating. The thoracolumbar spine disability has been rated at 40 percent since February 4, 2020 and denied any higher ratings. The bilateral lower extremity radiculopathy has been granted initial 20 percent ratings.

The Veteran's service-connected disabilities met the schedular criteria for a TDIU from December 10, 2020. The Board remanded the matter of entitlement to a TDIU prior to that date.

The Board has remanded several claims related to the Veteran's bilateral pes planus, low back disability, radiculopathy, knee disabilities, and right knee scar. The specific issues include seeking higher ratings for these conditions as of May 29, 2018, and prior to that date.

The Board has determined that the Veteran's service-connected conditions prior to April 4, 2013 prevented him from securing and maintaining gainful employment consistent with his educational background and employment history.

The Veteran's service-connected radiculopathy of the left lower extremity is remanded for a new VA examination to assess its current severity and whether he displays foot drop. The TDIU claim is also remanded.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not prevent him from securing and maintaining employment, despite significant physical and mental impairments.

The Board has remanded the claims for a rating in excess of 20 percent for mechanical low back pain with degenerative changes of the lumbosacral spine, ratings for left and right lower extremity radiculopathy, and entitlement to TDIU due to service-connected disabilities. The issues are related to the severity and frequency of flare-ups.

The Veteran's claim for a higher rating and separate ratings for radiculopathy due to his lumbar spondylosis is being remanded as the current VA examination did not account for potential flare-ups of the disability, which may affect its severity.

The Board has determined that the Veteran's cervical spine disability is related to his service-connected lumbar strain with mild scoliosis and kyphosis. The issues of increased ratings for lumbar strain, left lower extremity radiculopathy, and TDIU are remanded.

The Board denied the Veteran's claim for an effective date prior to November 29, 2016 for the grant of TDIU. The evidence did not show that the Veteran was unable to secure and follow a substantially gainful occupation solely due to his service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus denying his claim for TDIU.

The Board has denied the Veteran's claims for increased ratings for his cervical spine disability and right upper extremity radiculopathy. The case is being remanded to consider additional evidence.