Radiculopathy & sciatica decisions — 2022

The Board has reopened the Veteran's claims for service connection for a thoracic spine condition and right leg radiculopathy, but has remanded these issues along with others to obtain additional evidence and provide further examinations.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since December 3, 2017.

The Veteran's claim for a higher disability rating for his torn knee meniscus and patellofemoral joint pain is remanded. The Board finds that an adequate medical opinion regarding the extent of functional loss due to pain, weakness, fatigability, or incoordination during flare-ups is necessary.

The Board has determined that the reduction in disability ratings for right and left lower extremity radiculopathies from 30 to 10 percent was proper, but has also found that further evaluation of lumbar spine degenerative disc disease with lumbar spondylosis is needed.

The Board has determined that the Veteran's claims for service connection for an acquired psychiatric disorder and a low back disability must be remanded due to inadequate medical opinions in previous examinations. The VA is required to provide a new examination or opinion where there is insufficient evidence of record to decide the claim.

The Board has ordered the case to be remanded due to inadequate explanation of effective date and improper reliance on prescribed medication in denying higher ratings. Additional development is required, including obtaining updated treatment records and scheduling a VA examination.

The Veteran's secondary service connection claim for cervical radiculopathy is granted, and the rating for his service-connected cervical strain is remanded.

The Board has dismissed the appeals for the issues of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for bilateral hearing loss, and entitlement to service connection for a head condition, to include as secondary to service-connected back disability. The remaining issues have been remanded for further development.

The Board has dismissed all service connection claims due to the Veteran's death during the appeal process.

The Veteran's claim for an increased rating of his degenerative disc disease of the lumbar spine prior to February 19, 2020 was denied as there was no evidence of limitation in range of motion or other disabling symptoms.,For the period from February 19, 2020 onwards, the Veteran's claim for an increased rating of his degenerative disc disease of the lumbar spine was also denied due to lack of additional disability beyond what is already reflected in the current 20% rating.

The Board dismissed all appeals for service connection and disability ratings related to the veteran's conditions, including heart disabilities, psychiatric disorders, diabetic nephropathy, diabetes mellitus, peripheral neuropathies, and retinopathy. The appeal was dismissed due to the death of the appellant.

The Veteran's appeals for TDIU, a compensable rating for right lower extremity radiculopathy, and a higher rating for degenerative disc disease were dismissed due to the Veteran's death. The Board has no jurisdiction over these claims as there is no surviving appellant.

The Board has reopened the claims for service connection for a lumbar spine disability, foot disability (to include pes planus), and allergic rhinitis with bronchitis. The claim for service connection for skin disability (dermatitis of the hands) is also remanded.

The Veteran's claim for a higher rating in excess of 40 percent for spondylosis and DDD of the lumbar spine was denied.,A compensable rating prior to October 28, 2019, for the award of service connection for a lumbar spine scar associated with DDD of the lumbar spine was denied.,An effective date prior to February 5, 2015, for the award of service connection for a lumbar spine scar associated with DDD of the lumbar spine was denied.,Effective from February 24, 2014, but no earlier, the Veteran received an increased rating for his lumbar radiculopathy of the left lower extremity and right lower extremity.,An effective date prior to August 21, 2017, for a 20 percent rating for spondylosis and DDD of the cervical spine was denied.,From May 1, 2015, but no earlier, the Veteran received entitlement to a total disability rating based on individual unemployability (TDIU) and educational assistance benefits under Chapter 35.

The Board has remanded several issues on appeal, including the denial of service connection for right ear hearing loss and the need to determine if a compensable rating is warranted for left ear hearing loss. The Veteran's current audiometric findings do not meet VA criteria for a disability due to impaired hearing in either ear.

The Veteran's claims for increased ratings and TDIU are being remanded due to the AOJ failing to address specific VA examination reports in their September 2021 Statement of the Case.

The Veteran's PTSD is rated at 70 percent, effective from April 2008. The right shoulder DJD and thoracolumbar back disability are each rated at 30 and 40 percent respectively, both effective February 2, 2012. RLE radiculopathy is not higher than 20 percent.

The Veteran's claims for earlier effective dates for service connection, increased ratings, and TDIU have been denied as the earliest date of claim is August 10, 2015.

The Board has granted service connection for a low back disorder and left lower extremity radiculopathy, finding that the Veteran's current disabilities are related to his active duty service.

The Board has remanded the Veteran's claims for higher initial ratings for sciatic nerve paralysis and his claim for TDIU due to new evidence being added to the file.