Radiculopathy & sciatica decisions — 2022

The Veteran's initial compensable rating for left ear hearing loss is denied.,The Veteran's service connection claim for right ear hearing loss is denied.,The Veteran's claims for a left hip disorder, left foot disorder, left knee disorder, and right knee disorder are remanded.,The Veteran's claims for a back disorder and nerve damage of the legs (sciatica) are remanded.,The Veteran's claim for an acquired psychiatric disorder is remanded.

The Board has remanded the Veteran's claims for higher initial evaluations and increased ratings for his spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to incomplete development of records and need for an opinion regarding the severity of his service-connected conditions without considering the ameliorative effects of medication.

The Veteran's appeals for increased ratings and compensation were dismissed due to his death while the appeal was pending.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional medical examinations to assess the current severity of his bilateral hearing loss, as well as the nature and etiology of his low back disorder, cervical spine disorder, lower extremity radiculopathy, and skin disorder.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's right upper extremity neurological disability is aggravated by his service-connected disabilities. Additional medical opinion is needed.

The Veteran's claims for increased ratings were denied. The Board found that the right knee disability did not meet the criteria for a higher rating, and the peripheral neuropathy of the upper and lower extremities did not meet the criteria for a higher rating.

The Board has remanded the claims for further development and readjudication due to issues related to the severity of the Veteran's cervical spine disability prior to January 8, 2020, and his associated bilateral upper extremity radiculopathy prior to January 2, 2019. The claims are also remanded for consideration of an earlier effective date for service connection.

The Veteran's service-connected disabilities, including lumbar strain, right lumbar radiculopathy, tinnitus, and hearing loss, significantly impacted his ability to work starting from July 11, 2016. The Board granted TDIU effective that date.

The Veteran's service-connected disabilities (PTSD, lumbar spine degenerative joint disease, and right lower extremity radiculopathy) meet the criteria for a TDIU and basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Veteran's appeal has been dismissed as the attorney withdrew all remaining issues in the pending appeal.

The Veteran's TDIU claim is granted, and his low back disability and left lower extremity neuritis claims are remanded for further development.

The Veteran's lumbar spine disability was granted a 40% rating from December 10, 2019. His right and left lower extremity radiculopathy were also granted ratings of 10%. The Veteran's lumbar spine surgical scar did not meet the criteria for a compensable rating.

The Veteran withdrew his appeal of the rating for right upper extremity radiculopathy, resulting in its dismissal.

The Veteran's appeal for a higher rating for low back strain and TDIU was denied. The Board found that the evidence did not support an increased rating for her low back disability, as she had not demonstrated ankylosis or IVDS with incapacitating episodes. For TDIU, the Veteran met the schedular criteria but failed to show that she is precluded from substantially gainful employment due to service-connected disabilities.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations and evaluations of his left knee and left upper extremity radiculopathy disabilities.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment, leading to a TDIU effective October 31, 2016. He was also granted SMC based on the need for aid and attendance.

The Veteran's death was not caused by VA treatment or care, and the service-connected conditions did not contribute to his death. The appeal for DIC under 38 U.S.C. § 1310 is remanded due to unclear causes of death.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his bilateral lower extremity radiculopathy, as the last VA treatment records are from March 2019.

The Veteran's appeal of service connection for a right thumb disability has been withdrawn. The Board has also remanded the issues regarding increases in ratings for lumbar spine degenerative disease and left lower extremity radiculopathy, as well as rating in excess of 20 percent for right lower extremity radiculopathy.

The Board has dismissed all claims due to the death of the appellant, as it does not have jurisdiction to adjudicate the merits of these appeals.