Radiculopathy & sciatica decisions — 2022

Additional evidence is needed to determine the Veteran's service connection claim for tinnitus. The Board requires that federal records and private treatment records be obtained.,The Veteran's acquired psychiatric disorder (including an eating disorder leading to obesity) may require a VA examination due to his reported sleep habits in service, but more information is needed from the medical records.,Insomnia needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's chronic fatigue syndrome (CFS) may require a VA examination to determine if it is related to service, including his reported symptoms in service. More information from the medical records is needed.,A bilateral ankle disability needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's low back disability may require a VA examination to determine if it is related to service, including his reported injury in service. More information from the medical records is needed.,Sciatica needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.,The Veteran's headache disability (including migraines) may require a VA examination to determine if it is related to service, including his reported symptoms in service. More information from the medical records is needed.,Residuals of traumatic brain injury (TBI) needs further evaluation as there are no current VA examinations addressing this issue. The Board requires that private treatment records be obtained and a VA examination conducted.

The Board denied the Veteran's claim for total disability based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is capable of performing substantially gainful employment despite some limitations from his back and shoulder conditions.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete development of his records, including VA treatment records from Puget Sound Health Care System, private chiropractor Dr. Vranna's records, federal employee disability retirement benefits application status, and Social Security Administration disability benefits application status.

The appeals for service connection of hepatitis C, obstructive sleep apnea, headaches, and a rating greater than 10 percent for tinnitus have been dismissed.,The appeal for service connection of an acquired psychiatric disorder has been granted.

The Veteran's degenerative arthritis of the spine with IVDS is currently rated at 40 percent, but the Board finds that this rating does not meet the criteria for a higher evaluation due to lack of ankylosis or functional equivalent thereof.,The Veteran's left and right lower extremity lumbar radiculopathy are both currently rated at 10 percent. The Board has determined that additional evidence is needed to determine if these ratings should be increased.

The Veteran's appeal is REMANDED for further action on several issues, including ratings for his right knee scar, lumbar spine disability, and bilateral lower extremity radiculopathy.

The Veteran is granted TDIU from April 22, 2016, to September 21, 2020. The right shoulder disability claim remains pending and will be remanded for further development.

The Veteran's claim for service connection for bilateral hearing loss, PTSD, hypertension, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, right shoulder disability, right elbow disability, and right wrist disability is being remanded due to the need for additional medical examinations.,The Veteran's claim for service connection for tuberculosis is also being remanded due to the need for an examination.

The Veteran's right and left lower extremity sciatic nerve disabilities were rated at 10 percent prior to October 8, 2019. The Board denied an increased rating for these conditions.

The Veteran's left lower extremity radiculopathy was granted a disability rating of 20 percent prior to January 15, 2020 and 40 percent thereafter.

The Veteran's lumbar spine condition is rated at 40 percent from May 16, 2012 to the present. The issues of increased ratings for PTSD and bilateral knee disability are remanded.,PTSD was initially granted a 50% rating effective May 16, 2012. A TDIU award is also granted.

The Board has denied the Veteran's claims for service connection for a back disability, sciatic nerve disorder, right hand disability, and hiatal hernia disability. The evidence does not support the presence of these conditions during active service or at any time thereafter.

The Veteran's low back disorder and left leg radiculopathy are granted service connection.,Service connection for a sinus disorder, left knee disorder, right knee disorder, left hip disorder, neck disorder, and right hip disorder is remanded for further development.

The Board has remanded the claims for a total disability rating based on individual unemployability and special monthly compensation due to need for aid and attendance or being housebound, as these issues are inextricably intertwined with the TDIU claim. Additional development is needed including obtaining records-based examinations for functional limitations of service-connected psychiatric and lumbar disc disease disabilities.

The Board has remanded the claims for a rating in excess of 10 percent for lumbosacral strain with degenerative arthritis prior to August 28, 2020 and for a separate compensable rating for right lower extremity sciatic nerve radiculopathy prior to that date. The issues are related to the service-connected conditions.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the appeal.

The Veteran's appeal is being remanded due to inadequate development following a previous Board remand. The issues of rating his RLE neurogenic thoracic outlet syndrome and sciatic nerve radiculopathy, bilateral shoulder scars, and neck disability are all being reconsidered.

The Board has granted service connection for lumbar spine osteoarthritis and right lower extremity radiculopathy, secondary to service-connected lumbar spine osteoarthritis. The decision is based on the Veteran's reports of back pain since service and subsequent medical records supporting a continuity of symptoms.

The Veteran's appeal for a higher rating for migraine headaches and an earlier effective date for service connection for bilateral lower extremity radiculopathy was denied. The Board found that the current schedular ratings adequately considered her symptoms, and there were no grounds for revision on the grounds of clear and unmistakable error.

The Veteran's right lower extremity radiculopathy is granted a rating of 20 percent prior to July 16, 2021.,A rating in excess of 20 percent from July 16, 2021 onward for the Veteran's right lower extremity radiculopathy is denied.