Radiculopathy & sciatica decisions — 2022

The Board has remanded the claims for service connection for various knee and hand disorders due to incomplete records. The Veteran's VA examinations, pain management records, inpatient records, and neurosurgery records need to be associated with the file.

The Board denied service connection for left upper extremity radiculopathy, bilateral hearing loss, and tinnitus as these conditions are not related to the Veteran's active military service.

The Veteran's service connection for an acquired psychiatric disability is denied.,A 30 percent rating, but not higher, is granted for TMJ syndrome of the right jaw as of April 8, 2019 (rather than May 9, 2019).,A 20 percent rating, but not higher, is granted from February 21, 2019 to July 26, 2021 for IVDS with degenerative joint disease of the lumbar spine and associated left lower extremity radiculopathy involving the sciatic nerve.

The Veteran's tinnitus is granted as service connected. The Board has remanded the issues of service connection for PTSD, headaches, right upper extremity radiculopathy, back disability, left knee disability, and left hip disability due to insufficient evidence.

The Board has determined that the VA examinations obtained in connection with each claimed disability are deficient and requires new examinations to determine if the Veteran's disabilities had their onset during service or are otherwise etiologically related.

The Veteran's appeals for higher initial ratings for his neck disability and left upper extremity radiculopathy have been dismissed as he has withdrawn the appeal.

The Veteran's claim for service connection for an acquired psychological disorder other than major depressive disorder was denied. The claim for increased rating of residuals of lumbar strain with degenerative joint disease, including right and left lower extremity radiculopathy, is also denied.

Service connection is granted for a left elbow disability and consequent left elbow and forearm scar.,Service connection is denied for an acquired psychiatric disorder, TBI, left upper extremity radiculopathy, lumbar spine disability, or cervical spine disability.

The Board has decided to remand the case due to the need for a new VA examination to assess the current severity of the Veteran's lumbar spine strain and associated neurological symptoms, including radiculopathy.

The Veteran's service-connected bilateral lower extremity radiculopathies are being remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to evaluate the current severity of his conditions. The TDIU claim is also being remanded as it is intertwined with the increased ratings claims.

The Board has remanded the Veteran's claims for cervical spine disability, headaches, right and left upper extremity radiculopathy due to in-service head trauma. An addendum VA medical opinion is needed to address the etiology of the Veteran's cervical spine disability.

The Board has remanded the issues of service connection for a back disability, sciatica of the left lower extremity, and sciatica of the right lower extremity due to insufficient evidence in the VA examination report.

The Board has remanded the Veteran's claims for increased ratings for his thoracolumbar spine disability and bilateral lower extremity radiculopathy due to new evidence submitted by the Veteran, including VA treatment records from November 2021. The claims are being remanded for further examination and readjudication.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to March 21, 2011.

The Veteran's service connection claim for degenerative joint and disc disease of the cervical spine was granted, with the Board finding that his current disability is at least as likely as not related to in-service injury.,Secondary service connection for radiculopathy of the left upper extremity was also granted, with the Board concluding that it is at least as likely as not caused by his newly service-connected cervical spine disability.

The Board denied initial disability ratings in excess of 10 percent for lumbar radiculopathy affecting both lower extremities, finding the Veteran's condition to be mild throughout the appeal period.

The Board denied the Veteran's claims for service connection for a low back condition and bilateral lower extremity sciatica, finding that his conditions preexisted service and were not aggravated by active duty. The claim was also denied on secondary basis as the sciatica is related to his nonservice-connected low back condition.

The Veteran's right upper extremity radiculopathy is rated at 40 percent from February 27, 2019 to September 23, 2020. His left upper extremity radiculopathy is rated at 30 percent from February 27, 2019 to the present. The Veteran's right and left lower extremity radiculopathies are each rated at 20 percent.

The Board denied service connection for lumbosacral strain, lumbosacral degenerative disc disease, and intervertebral disc syndrome with lumbar radiculopathy. The Veteran's current back issues are attributed to an on-the-job injury in 2020.

The Veteran's appeals for increased ratings for his lumbosacral spine and bilateral lower extremity radiculopathy disabilities have been dismissed due to the withdrawal of the appeal by the Veteran's representative.