Radiculopathy & sciatica decisions — 2022

The Veteran's appeals for increased ratings in multiple conditions have been dismissed due to the Veteran's request through his attorney to withdraw all pending appeals.

The Board has remanded the Veteran's claims for service connection for a low back disability and sciatic pain due to incomplete development of records and need for additional medical opinions.

The Veteran's appeal is remanded for additional examinations and opinions to address his service connection claim for an upper back/cervical spine disability, as well as his increased rating claims for various knee disabilities. The issues of service connection and increased ratings are related due to the interrelated nature of the conditions.

The Veteran withdrew his appeal for restoration of the 60 percent rating for left S-1 radiculopathy effective December 1, 2015.

The Board has decided to remand the case for a new VA examination and opinion on whether the Veteran has a current disability, including all diagnoses, if any. The examiner must address the Veteran's assertions of pertinent symptomatology and consider secondary aggravation by his service-connected hypertension.

The Board has granted service connection for a cervical spine disability and bilateral upper extremity cervical radiculopathy, finding that the Veteran's symptoms are related to his military service. The decision also grants secondary service connection for right and left upper extremity cervical radiculopathy.

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

The Board denied the Veteran's claim for TDIU as his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for OSA, increased ratings for PTSD and lumbar spine disability, as well as his TDIU claim. The Veteran will need to provide updated VA Form 21-8940 and any relevant SSA records.

The Board has remanded the Veteran's claims for increased ratings for cervical and lumbar spine disabilities, as well as left and right upper extremity radiculopathies due to new evidence of disability severity.

The Board has remanded the Veteran's claims for left leg sciatica, bilateral hearing loss, and erectile dysfunction due to service connection issues. The Veteran will need to undergo VA examinations and obtain relevant medical records.

The Veteran's right lower extremity femoral nerve radiculopathy is granted at a rating of 20 percent effective December 1, 2021. The left lower extremity femoral nerve radiculopathy remains rated at 20 percent throughout the appeal period.

The Veteran's right lower extremity radiculopathy is granted a 20 percent rating, and the issue of entitlement to a TDIU is granted. The issues of increased ratings for lumbar degenerative disc disease and left lower extremity radiculopathy are dismissed.

The Board has determined that the remand instructions were not followed and requires additional clarification regarding the Veteran's service-connected myofascial syndrome, specifically whether IVDS was diagnosed. The rating for LUE radiculopathy is also remanded as it is inextricably intertwined with the myofascial syndrome claim.

The DIC benefits claim is denied as the Veteran did not meet the criteria for receiving such benefits. The cause of death claim is remanded due to insufficient evidence regarding the relationship between the Veteran's service-connected PTSD and his death.

The Board has remanded the claims for thoracolumbar degenerative disc disease with lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy due to incomplete VA treatment records. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Board has determined that the VA examinations and opinions are inadequate, and thus remanded for further development.

The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment prior to January 1, 2020. From January 1, 2020 onwards, the evidence shows that his disabilities preclude him from securing and following substantially gainful employment.

The appeal for service connection for bilateral hearing loss is dismissed. The appeals for lumbosacral strain, a bilateral peripheral nerve condition (sciatica), and pes planus are remanded.

The Board has remanded the cases for further development and examination. The Veteran's right upper extremity radiculopathy claim is denied, while left upper extremity radiculopathy and cervical spine condition claims are remanded.