Radiculopathy & sciatica decisions — 2022

The Board has granted service connection for migraine headaches and reopened the claim for a sleep disability to include sleep apnea. The remaining issues have been remanded due to new evidence received since the last Supplemental Statement of the Case.

The Veteran is granted SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities.,The claim for an earlier effective date for SMC based on loss of use of a right foot is denied as there was no formal or informal communication prior to July 28, 2017.,The Veteran's rating for right lower extremity radiculopathy with right drop foot is granted at 40 percent.

The Board has granted service connection for right and left lower extremity radiculopathy as secondary to the Veteran's service-connected lumbosacral disorder.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine DDD and associated RLE sciatic radiculopathy due to incomplete VA treatment records, inadequate medical examination, and failure to define terms used in the rating criteria.

The Veteran's appeals for initial ratings higher than 20 percent for bilateral lower extremity radiculopathy have been dismissed due to the Veteran withdrawing his appeal in September 2021 and January 2022 correspondence.

The Veteran's service-connected disabilities are not sufficiently severe to inhibit his ability to obtain gainful employment, and the Board denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has found the Veteran's testimony credible and remands for further examinations to determine if his current back, hip, knee, and sciatica disabilities are related to service-connected bilateral pes planus. Additional VA medical records were obtained after the SOC was issued but not considered in the decision.

The Board has granted service connection for a low back disorder. The cases of the left knee, right knee, and lower extremity radiculopathy disorders are remanded due to insufficient medical opinions.

The Veteran's lumbar spine disability and sciatic radiculopathy of both lower extremities are granted increased ratings. The Veteran is also granted TDIU based on PTSD and SMC due to housebound status.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment during the period from January 1, 2017 through January 10, 2017.

The Veteran's cervical spine disability was rated at 20 percent prior to April 6, 2021, and increased to 30 percent thereafter. The claim for a higher rating remains denied.,From April 6, 2021 onwards, the Veteran's right upper extremity radiculopathy is rated at 40 percent. The claim for a higher rating remains denied.,The Veteran was granted a separate rating of 10% for tension headaches associated with his cervical spine disability.

The Veteran's miscarriage during service was granted as service-connected, and she is also entitled to increased ratings for her right knee and back disabilities.,The Veteran's bilateral hearing loss and tinnitus are being remanded for further development.

The Veteran's claims for increased ratings are being remanded due to the need for additional development and examination.,The issues include evaluations for various disabilities, including lumbar strain with intervertebral disc syndrome, bilateral lower extremity radiculopathy, left tibia stress fracture, right femoral stress fracture, and dermatitis.

The Board has found there has not been substantial compliance with the remand instructions due to the Veteran's failure to appear for a VA examination. The case is being returned to the AOJ for further development, including scheduling an appropriate examination and completing any necessary development related to the TDIU claim.

The Veteran's service-connected disabilities prior to May 5, 2016 rendered him unable to secure and maintain substantially gainful employment.

The Veteran's PTSD is rated at 70 percent, effective from May 1, 2020. The rating will remain in effect until further notice.

The Veteran's claims for increased ratings and TDIU are being remanded due to incomplete records, including physical therapy treatment records. The Veteran is also requested to provide a detailed employment history.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and associated left lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating prior to December 24, 2013, or since then.

The Board has remanded the claims for increased ratings for lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity due to insufficient medical opinions regarding functional loss and ankylosis.

The Board found that the Veteran does not have diagnosed radiculopathy of the upper extremities and her conditions are not related to service, including as secondary to a service-connected lower back disability.