Radiculopathy & sciatica decisions — 2022

The Veteran's initial increased rating claim for dysthymic disorder from June 4, 2012 was denied. The Board found that the disability did not meet or approximate the criteria for a higher rating than 70 percent. The Veteran's entitlement to TDIU since June 4, 2012 was granted.

The Veteran's back disability, including associated radiculopathy and rectal sphincter control issues, is remanded for further examination to determine the extent of functional loss during flare-ups. The issue of SMC based on need for aid and attendance is also remanded.

The Board has remanded the case for additional medical opinions to address whether the Veteran's current right leg sciatic nerve radiculopathy is secondary to his service-connected left leg femoral nerve disability and/or low back disability. The claims are also inextricably intertwined with the Veteran's pending claim for a low back disability.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person was denied as he is not considered in need of such assistance due to his service-connected disabilities.

The Board has granted SMC based on the need for regular aid and attendance of another person due to service-connected disabilities. The increased rating, SMC, and TDIU claims are remanded as the Veteran's private treatment records have not been obtained.

The Board has remanded the Veteran's claims for additional development due to incomplete records and inadequate examination.

The Board has decided to remand several issues related to the Veteran's lumbar spine, bilateral knee, and left lower extremity sciatic nerve disabilities due to incomplete medical records and need for new examinations.

The Veteran's claim for a higher rating for his right lower extremity radiculopathy and lumbar spine disability, as well as his TDIU prior to July 13, 2019, is being remanded due to the need for additional development regarding flare-ups of the spine.

The Veteran's lumbar disc herniation, stenosis, and radiculopathy are granted as secondary to service-connected conditions. The issue of a rating in excess of 10 percent for tinnitus is dismissed. Bilateral hearing loss is remanded.

The Veteran's appeal for higher ratings on his service-connected low back strain and right lower extremity radiculopathy has been denied. The issue of service connection for an inguinal hernia secondary to the lumbar spine disability is still under review.

The Veteran's appeal includes multiple issues for increased ratings, and the Board has determined that a remand is necessary to obtain updated VA medical records, conduct examinations, and consider the claims in light of new evidence. The TDIU claim is also being remanded.

The Veteran's kidney condition appeal was dismissed as he withdrew his claim.,Service connection for a neck condition and bilateral upper extremity radiculopathy is granted. The Veteran's irritable bowel syndrome and tension headaches are rated at 30 percent each.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the Veteran did not meet the criteria for higher disability ratings or service connection based on his symptoms.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate VA examinations throughout the appeal period.

The Veteran's right upper extremity radiculopathy is the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA health care providers who provided treatment. The Board has granted compensation under 38 U.S.C. § 1151 for this disability.

The Veteran's claims for service connection for back, neck, left and right lower extremity radiculopathy, as well as shoulder disabilities have been granted. The claim for a left shoulder disability is remanded due to the need for further examination, while the claim for a right shoulder disability remains pending.

The Veteran's claims for service connection, rating increases, and financial assistance benefits have been withdrawn. The Board has remanded the issues of eligibility for automobile adaptive benefits, specially adapted housing (SAH), and special home adaptations (SHA).

The Board has determined that there is not substantial compliance with the January 2020 Remand directives and thus, another remand is warranted for further development.

The Board has remanded the claims for higher ratings for left lower extremity radiculopathy and the TDIU claim due to a need for further development, including a new VA examination.

The Veteran's TDIU claim is being remanded for further development, including obtaining SSA medical records and considering the issue on an extraschedular basis.