Radiculopathy & sciatica decisions — 2022

The Board has remanded the claims for service connection for a lumbar spine disability and right lower extremity radiculopathy due to outstanding records not being obtained.

The Veteran's TDIU claim is remanded due to missing VA rehabilitation records and the need for updated medical examinations. The administrative decision regarding his claimed traumatic brain injury could impact the TDIU determination.

The Board has remanded the Veteran's claims of service connection for various conditions, including hearing loss, skin cancer, a headache disorder, GERD, and other musculoskeletal issues. The claims are being returned to VA for further development.

The Board dismissed the appeals for service connection and disability ratings related to various spinal conditions and sciatica, as well as a TDIU claim due to the Veteran's death.

The Veteran's service-connected disabilities, including migraines and cervical spine conditions, render him unable to secure or follow a substantially gainful occupation.

The Veteran's DM2 with diabetic retinopathy is rated at 20 percent, and the ratings for diabetic peripheral neuropathy of the upper extremities are all 40 percent.,The Veteran's diabetic peripheral neuropathy of the right sciatic nerve and left sciatic nerve each warrant a 40 percent rating.

The Board denied the claims for increased evaluations for left and right lower extremity radiculopathy, finding that the Veteran's symptoms have been no worse than mild.

The Board denied the Veteran's claim for service connection for cervical spine radiculopathy, finding that there was no current disability and insufficient evidence to establish a causal relationship between the claimed condition and service or any incident therein.

The Veteran's appeals for service connection for GERD, hearing loss, and a left hip condition were dismissed due to the Veteran withdrawing his appeal. The claims for hypertension, tinnitus, spinal condition, left lower extremity condition (radiculopathy), prostate cancer, and type 2 diabetes mellitus are remanded.

The Veteran's service-connected lumbar spine and lower extremity radiculopathy conditions have increased in severity since his last VA examination. He is granted a TDIU, but the higher rating claims for lumbar spine degenerative disc and joint disease, right lower extremity radiculopathy, and left lower extremity radiculopathy are remanded for further evaluation.

The Board denied the Veteran's claims for an effective date earlier than November 26, 2013, for the grants of service connection for lumbosacral strain with spondylolisthesis and left sciatic radiculopathy. The evidence did not show any prior claim or intent to file a claim before this date.

The Veteran's service-connected disabilities, including low back and neck conditions, major depressive disorder, traumatic brain injury, and right foot hallux valgus with degenerative arthritis, have prevented him from securing or following substantially gainful employment since September 2016.

The Veteran's DDD at L2-L3, L3-L4, L4-L5, and L5-S1 was granted a rating of 40 percent prior to October 29, 2018. Initial ratings of 40 percent were also granted for left and right lower extremity radiculopathy.

The Board has decided to remand the claims for service connection for degenerative disc disease with stenosis and bilateral sciatica due to a lack of contemporaneous service treatment records, requiring a VA examination.

The Veteran's claims for service connection for skin cancer, bilateral hearing loss, and sciatica of the lower extremities are granted. The claim for sciatica of the right and left lower extremities is remanded due to insufficient evidence.

The Veteran's appeals for service connection for various conditions have been withdrawn and are dismissed.,Entitlement to a disability rating in excess of 30 percent for chronic asthmatic bronchitis has not been met.

The Veteran's claim for service connection for diabetes mellitus was denied, and the Board found no new and material evidence to reopen the claim.,The Veteran's psychiatric disorder is rated at 30 percent, but not higher. The Board did not find any additional symptoms warranting a higher rating.,Service connection for cervical spine disability, left ankle disability, and lumbar spine disability was granted effective May 11, 2016. The Veteran requested earlier dates, which were denied as there was no indication of intent to claim these disabilities prior to that date.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy were also granted service connection effective May 11, 2016. Again, the Veteran requested earlier dates which were denied as there was no indication of intent to claim these disabilities prior to that date.,Service connection for left upper extremity radiculopathy and right upper extremity radiculopathy is remanded due to lack of evidence supporting secondary service connection.

The Veteran's claims for an effective date prior to February 10, 2014 for service connection for radiculopathy of the left lower extremity and TDIU were denied. The Board found that the earliest effective date was February 10, 2014.,The Veteran's claim for Dependents' Educational Assistance benefits was also denied as it should correspond to the effective dates for service connection claims.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records, including VA and non-VA treatment records. The examiner is also asked to assess the severity of his IVDS and determine if he has experienced incapacitating episodes.

The Board has determined that the Veteran's right upper extremity peripheral nerve condition, diagnosed as cervical radiculopathy and nerve neuropathy of the carpal tunnel, is secondary to his service-connected cervical spine disability. The decision grants service connection for this condition.