Radiculopathy & sciatica decisions — 2022

The Veteran's claim for an increased rating for PTSD was denied due to his failure to attend a scheduled VA examination without good cause.,The Veteran's claim for TDIU was also denied as there is insufficient information regarding his employment history and earnings.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions and records.

The Veteran's tinnitus has been found to be related to his military service, and thus granted.,Bilateral hearing loss was not shown during service or post-service, and is denied.

The Board has remanded the Veteran's claims for PTSD, low back disability, and bilateral lower extremity radiculopathy due to new evidence and need for updated examinations.

The Veteran's cervical spine limitation of motion, right upper extremity radiculopathy, and left upper extremity radiculopathy have been granted initial disability ratings. The effective date for the left upper extremity radiculopathy is set at November 29, 2010.

The Veteran's initial claim for a higher rating for degenerative arthritis of the spine was denied prior to October 13, 2015. From that date, he received a 20 percent disability rating.,For radiculopathy of the left lower extremity, the Veteran received a 40 percent disability rating from October 13, 2015. For right lower extremity peripheral neuropathy (sciatic nerve), he was granted a 20 percent disability rating.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete compliance with prior remand directives. The AOJ is instructed to schedule VA examinations, obtain clarification opinions from an appropriate examiner regarding RLE radiculopathy, and ensure that all development actions have been completed.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's back disorder and related conditions. The issues are now pending for further development.

The Board has remanded the cases for further development and consideration, including obtaining additional VA treatment records and providing an updated VA examination to address whether the Veteran's left lower extremity disability is caused or aggravated by her service-connected left knee disability.

The Veteran's claim for a jaw condition was withdrawn by the appellant prior to the Board making a decision.,The Veteran's previously denied left shoulder disability claim has been reopened due to new and material evidence.

The Veteran's sleep apnea is granted as service-connected.,The Veteran's neck disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity radiculopathy, and left upper extremity radiculopathy are all granted with a 40 percent rating each.,The Veteran's neck disability is remanded for further evaluation.,The Veteran's right lower extremity radiculopathy is remanded for further evaluation.,The Veteran's left lower extremity radiculopathy is remanded for further evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are both remanded for further evaluation.

The Board denied service connection for radiculopathy of the left and right upper extremities, finding that there was no credible evidence to support the Veteran's assertions of in-service onset or related symptoms.

The Board denied service connection for right and left shoulder disabilities, GERD, lumbar strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and cervical strain.,There is no persuasive evidence that the Veteran's current shoulder or GERD conditions began during active service.

The Board has granted service connection for the Veteran's low back disability and bilateral sciatic nerve condition, but denied his claim for a right leg injury. The decision is based on credible evidence of in-service incidents and post-service treatment records.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, right and left knee disabilities, and rheumatoid arthritis (claimed as radiculopathy of the right and left lower extremity), have contributed to his need for regular aid and attendance. The Board has granted entitlement to SMC at the (l) level based on the Veteran's need for regular aid and attendance of another person due to his service-connected disabilities.

The Veteran's bilateral lower extremity radiculopathy has worsened since the last VA examination in May 2018, and a new examination is needed to determine appropriate disability ratings.

The Veteran's claims for service connection for back disability and bilateral lower extremity lumbar radiculopathy were denied in a November 2009 rating decision. The effective date of the denial is June 17, 2015, as this was when the Veteran filed his intent to reopen the claim.

The Board has granted a TDIU as of May 10, 2021, due to the Veteran's service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.

The appeal of the TMJ disability issue is dismissed.,A 20% rating, but no higher, for cervical degenerative disc disease from April 27, 2010 to September 9, 2020 is granted. A rating in excess of 20% for cervical degenerative disc disease from September 10, 2020 to February 4, 2021 and a rating in excess of 30% since February 5, 2021 are denied.,A 20% rating, but no higher, for lumbar degenerative disc disease from October 13, 2017 to December 13, 2020 is granted. A rating in excess of 40% since February 5, 2021 is denied.,A separate 10% rating, but no higher, for left knee degenerative joint disease based on recurrent lateral instability since April 27, 2010 is granted. A rating in excess of 10% for right upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left upper extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 10% for right lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are denied. A 40% rating, but no higher, for right upper extremity radiculopathy from August 4, 2017 to February 4, 2021 is granted and a separate 30% rating for left upper extremity radiculopathy since August 4, 2017 is granted. A 20% rating, but no higher, for right lower extremity radiculopathy from August 4, 2017 to February 4, 2021 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 40% for right upper extremity radiculopathy since February 5, 2021 is denied and a rating in excess of 30% for left upper extremity radiculopathy since February 5, 2021 is denied.,A separate noncompensable rating, but no higher, for erectile dysfunction since April 27, 2010 is granted. A TDIU from April 27, 2010 through August 12, 2019 is granted.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining VA treatment records and scheduling examinations for his service-connected disabilities.