Radiculopathy & sciatica decisions — 2022

The Veteran's claims for service connection for residuals of a traumatic brain injury, lumbar spine disability with radiculopathy, right and left hip disabilities, and increased ratings for diabetes mellitus type II, SFW to Muscle Group XVII on the left side, SFW of the left wrist involving Muscle Group VIII, and left buttock scar and left forearm scar have all been denied.,The Veteran's service records do not show any evidence of a TBI. His current lumbar spine disability with radiculopathy is not shown to be related to his service or injury therein. Right and left hip disabilities are also not shown to be related to his service or injury therein.

The Veteran's lumbar spine disability is denied, and ratings for his lower extremity radiculopathy are granted with limitations. The appeal is not about service connection.

The Board has remanded the Veteran's claims for increased ratings for his cervical spine and upper extremity disabilities, as well as his claim for TDIU due to incomplete development of records related to his convalescence period following a cervical fusion.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, thus SMC based on these criteria is denied.

The Veteran's service-connected disabilities do not render him unemployable due to their collective impact, as he can still perform the physical and mental acts required by most jobs.

The Veteran's lumbar spine disability, right and left lower extremity sciatic radiculopathy, and femoral radiculopathy are all remanded for further evaluation due to reported worsening symptoms. The TDIU claim is also remanded.

The Board has remanded the Veteran's claims of service connection for a right shoulder disorder and sciatica due to insufficient medical opinions regarding their etiology. The Veteran contends that her disorders are related to in-service injuries, but VA examiners have found no evidence supporting this claim.

The Veteran's bilateral hearing loss disability is related to in-service noise exposure.,The Veteran has a diagnosis of degenerative arthritis and DDD other than IVDS of the cervical spine, which he experienced symptoms since service. The issue was granted as direct service connection.

The Veteran's hypothyroidism was granted a 100% rating prior to April 10, 2017. The TDIU issue is moot due to the SMC grant for the entire appeal period. SMC was granted prior to April 10, 2017.

The Veteran's low back disability was rated at 10 percent prior to November 15, 2021, and at 20 percent from that date. The effective dates for service connection of left and right lower extremity radiculopathy are granted as April 29, 2015.,The Veteran's TDIU claim was denied due to the combined rating not meeting the criteria for a total disability rating based on individual unemployability.

The Board has granted service connection for spondylolisthesis of the lumbar spine and remanded the issues regarding radiculopathy of the lower left and right extremities as secondary to the Veteran's service-connected lumbar spine disability.

The Veteran's claim for service connection for insomnia associated with his left inguinal hernia was granted, and the effective date is set at April 9, 2007.

The Board has granted service connection for a low back disorder and right lower extremity radiculopathy, finding that these conditions are related to the Veteran's in-service motor vehicle accident.

The Board has determined that the grant of service connection for bilateral lower extremity sciatica was not clearly and unmistakably erroneous, thus restoring it.

The Board has denied service connection for a back disability, bilateral upper and lower extremity radiculopathy, and right knee disability. The claim of service connection for an acquired psychiatric disorder (to include PTSD) is remanded due to the expansion of the claim to include any psychiatric disability. The claim of service connection for bilateral upper and lower peripheral neuropathy is also remanded.

The Board has determined that the VA examinations performed in October 2021 are inadequate and requires additional development, including obtaining new examinations to address the Veteran's hip and back disabilities.

The Board has remanded the Veteran's claims for service connection for sciatica and/or neuropathy of the left and right lower extremities, as secondary to his service-connected left ankle fracture and left knee strain. The case will be returned for further examination and opinion.

The Board has granted service connection for tinnitus, but the claims for lower back condition, respiratory/sinus condition, and bilateral shoulder conditions are remanded due to the need for additional medical examinations and opinions.

The Board has remanded the issue of service connection for obstructive sleep apnea due to a new theory of entitlement raised by the Veteran, contending that his sleep apnea is proximately due to obesity caused by his service-connected disabilities. The VA failed to receive any examinations or opinions regarding the relationship between these conditions and the Veteran's obstructive sleep apnea and failed to determine whether any of these conditions led to the Veteran's obesity which caused or aggravated his sleep apnea.

The Board denied service connection for cervical spine bilateral radiculopathy and remanded the issues of entitlement to service connection for hypertension and total disability rating based on individual unemployability (TDIU) prior to December 2, 2015.