Radiculopathy & sciatica decisions — 2022

The Veteran's claims for service connection for bilateral hearing loss, low back disorder, right ear hearing loss, tinnitus, lumbar spine disorder (degenerative arthritis and intervertebral disc syndrome), right lower extremity radiculopathy, left lower extremity radiculopathy, and Crohn's disease have been granted.,The Veteran's claim for service connection for right ear hearing loss has not met the threshold to establish current hearing loss 'disability' as required by VA regulations.

The Board has granted the Veteran's claims for service connection for a back disorder and right lower extremity radiculopathy, finding that these conditions are causally related to his military service.

The Board has remanded the Veteran's claim for bilateral upper extremity radiculopathy to obtain a medical opinion that discusses the Veteran's lay contentions and his service-connected low back disability.

The Veteran's service-connected fibromyalgia, neck disability, and lower extremity radiculopathy require regular aid and attendance due to their effects on daily activities.

The Veteran's cervical spine disability is remanded for further examination. The ratings for his sciatic nerve radiculopathy and femoral nerve radiculopathy are also remanded due to conflicting VA examination reports.

The Veteran's erectile dysfunction and tension headaches are granted as secondary to service-connected anxiety.,Remaining issues of service connection for lumbar, cervical, thoracic spine disorders, left-hand disorder, right-hand disorder, paresthesia of the upper extremities, and sciatic pain are remanded.

The Board has previously remanded the case for new VA medical opinions, but there has not been substantial compliance. The matter is being remanded again to obtain a new VA medical opinion by a different provider.

The Board has determined that additional development is needed to determine if the Veteran's diabetes mellitus, bilateral lower extremity radiculopathy, chronic kidney disease, and hypertension are related to exposure to herbicide agents. The claims for these conditions will be remanded.

The Veteran's appeal for a higher evaluation for his service-connected radiculopathy affecting the left sciatic nerve is remanded. The AOJ must obtain updated medical records and schedule the Veteran for a VA neurological examination to determine the level of functional impairment stemming from his disability, including whether it affects other nerves and muscle groups. Additionally, the AOJ must verify the Veteran's educational and occupational history to adjudicate his TDIU claim.

The Veteran's lumbar spine disability was granted a 40 percent rating from November 6, 2017 to December 11, 2019. Since then, the claim for higher ratings has been denied. The Veteran also received separate 10 percent ratings for radiculopathy of both legs associated with her lumbar spine disability. She was granted a TDIU and special monthly compensation at the housebound rate.

The Board has determined that additional development is needed for the Veteran's claims, including VA examinations and medical opinions to assess his lumbar spine disability and left lower extremity radiculopathy. The TDIU claim is also remanded.

The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016.,The reduction in disability rating from 20 percent to 0 percent for right upper extremity radiculopathy was improper and the 20 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.

The Veteran's claims for increased ratings have been remanded due to insufficient evidence in some cases.

The Board denied service connection for a neck disability, bilateral shoulder disability, and sciatica as the Veteran's current disabilities are not related to her military service.

The Board has remanded three issues related to increased ratings for radiculopathy associated with degenerative disc disease of the lumbar spine. The main reason is that there was not substantial compliance with previous remand directives regarding these issues, specifically concerning whether a finding of mild narrowing of the L4-5 disc space noted in x-rays and VA examinations was indicative of existing radiculopathy.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, but the evidence does not support a higher rating.,For his right lower extremity radiculopathy of the sciatic nerve, the Veteran is currently rated at 10 percent. The evidence does not meet the criteria for a higher rating.

The Veteran's claims for service connection for upper extremity neurological disorders, including weakness and radiculopathy, are denied as there is no current evidence of such conditions.,The Veteran's claim for service connection for right knee instability is remanded due to a lack of recent VA examination.

The Veteran withdrew his appeals for the service connection claims related to various conditions, including right and left ankle sprains, sinusitis, contact dermatitis, eczema, blisters on the feet, wrist carpal tunnel syndrome, tendonitis, sciatica, upper respiratory infection, alopecia, hair implants, DJD of the hip, lumbar spine DDD, and hearing loss. The Board dismissed these claims as a result.

The Veteran's asthma was granted service connection due to its presumptive relationship with his Persian Gulf War service. The other claims for shoulder, elbow, back, and sciatica disorders were remanded as further development is needed.

The Veteran's right knee osteoarthritis is currently rated at 10 percent, and the appeal for a higher rating is denied.,For the period prior to September 14, 2017, the Veteran was granted a separate 10 percent rating for right knee instability. The appeal for a higher rating is denied.,The Veteran's left lower extremity radiculopathy (sciatica) has been rated at 20 percent and remains unchanged.,For the period starting March 5, 2015, the Veteran's right lower extremity radiculopathy (sciatica) was denied a higher rating.