Radiculopathy & sciatica decisions — 2022

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the failure of VA examinations scheduled in June 2019. The Board finds that proper notification was not provided to the Veteran regarding these appointments.

The Board has dismissed the Veteran's claims for service connection for PTSD and increased ratings for radiculopathy of the bilateral upper extremities. Service connection is granted for a low back disorder (lumbar strain) and scars of the neck.

The Veteran's appeal is remanded for referral to the Director of Compensation Service for extraschedular consideration of his claim for TDIU prior to December 27, 2011.

The Board has remanded the claims for service connection for back disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy due to incomplete compliance with prior remand directives.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded the issue of service connection for residuals of a traumatic brain injury (TBI).

The Board has remanded the case due to inadequate development of evidence and requests for additional medical opinions regarding the Veteran's right shoulder disability. The Veteran is not granted service connection for her right shoulder disability as it is related to service, but the issue remains pending.

The Board has granted a disability rating of 40 percent for the Veteran's lumbar spine disability prior to August 14, 2019. The appeal is granted.

The Board has remanded the Veteran's claims due to incomplete service personnel records, specifically for his periods of active duty for training and inactive duty training in the Louisiana Air National Guard and Connecticut Air National Guard from 1989 to 2011. The VA is instructed to obtain these records.

The Veteran's service-connected lumbar spine and lower extremity radiculopathy conditions have rendered him incapable of securing or following a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board has dismissed the appeals for all issues related to peripheral neuropathy and femoral nerve conditions due to the Veteran's death.

The Veteran's service-connected disabilities, including coronary artery disease, PTSD, tension headaches, cervical spine degenerative joint disease and radiculopathy of the right upper extremity, have rendered him unable to secure or follow a substantially gainful occupation since August 26, 2010. The Board has granted TDIU effective from that date.

The Board has remanded the Veteran's claims for service connection for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to additional evidentiary development. The claims are being remanded because there is insufficient evidence to determine if the Veteran's current disabilities were incurred during his active duty service.

The Board dismissed the appeals due to the Veteran's death during the pendency of the appeal.

The Board dismissed the appeals for service connection for sleep apnea, increased ratings for bilateral plantar fasciitis and residuals of a fracture of the left distal tibia and fibula with varus deformity and left ankle fracture with limitation of motion and left knee condition with arthritis, as well as an increase in rating for radiculopathy of the left lower extremity. The appeal seeking SMC based on need for regular aid and attendance was granted.

The Board denied the Veteran's claim for a total disability rating based on unemployability prior to December 24, 2020 due to insufficient evidence showing his inability to secure or follow substantially gainful employment.

Service connection is granted for lumbar and cervical spine conditions.,The Veteran's claims for bilateral hearing loss and tinnitus have been withdrawn.

The Board has remanded the case for further development and adjudicative action due to inadequate opinion in a previous VA examination regarding the etiology of the Veteran's cervical spine radiculopathy.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's pes planus was granted a higher rating of 50 percent since January 18, 2021. The remaining issues were remanded for further development.,Service connection was established for stomach disability and hypertension.

The Veteran's left upper extremity radiculopathy is currently rated at 30 percent, but not higher, prior to February 25, 2020. The issue of increased evaluation for the condition on or after that date remains remanded.