Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities (bilateral hearing loss, degenerative disc disease of the lumbar spine, tinnitus, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity) have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for increased ratings and service connection due to deficiencies in the examination reports, particularly regarding the severity of his lumbar spine disability and associated bilateral lower extremity radiculopathy. The issues have also been expanded to include evaluations for any related cervical spine disability.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing/special home adaptation grant or automobile/adaptive equipment eligibility due to lack of permanent and total disability affecting both lower extremities, loss of use of hands, or vision impairment.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's migraine headaches, obstructive sleep apnea, low back disability, left lower extremity sciatica, and right lower extremity sciatica are all found to be service-connected. The traumatic brain injury residuals claim is denied.

The Veteran's neck disability, bilateral upper extremity radiculopathy, and tinnitus have all been granted service connection. The neck disability is linked to an in-service injury during active duty for training.

The Board has found that service connection for a right eye condition, including retinal detachment and cataract resulting from surgical treatment, is not established. The Veteran's PTSD claim was remanded due to insufficient evidence linking the diagnosis to an in-service stressor.

The Veteran was granted a TDIU for the period from September 27, 2019 to July 20, 2020 due to his service-connected disabilities.,From July 21, 2020 onwards, the Veteran's combined rating of 70% allowed him to receive a TDIU without needing to prove unemployability.

The Board has determined that additional development is needed for the issues of increased ratings for bilateral lower extremity radiculopathy and service connection for right wrist and left wrist carpal tunnel syndrome, as well as secondary service connection for a right shoulder disability. The Veteran's claims are being remanded to allow for further examination and consideration.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions and new evidence. The issues of major depressive disorder, chronic fatigue, bilateral upper and lower extremity radiculopathy, and right shoulder limitation of motion are being reviewed.

The Veteran's appeal for service connection for a left knee meniscus tear status post repair is granted. The appeal for service connection for left lower extremity lumbar radiculopathy, esophageal disability (GERD and hiatal hernia), residuals of a right fifth metacarpal contusion, and left ear hearing loss are all remanded.

The Veteran has withdrawn his appeals regarding increased ratings for various service-connected disabilities, and the Board is dismissing the appeal due to lack of pending issues.

The Board has remanded the Veteran's claims for compensation benefits under 38 U.S.C. § 1151 due to concerns about a VA clinician's failure to address whether the delay in treatment caused permanent foot drop.

The Board has remanded several issues related to the Veteran's skeletal system, including service connection for various conditions. The claims are pending further examination and evaluation.

The Veteran's service-connected bilateral hearing loss and diabetic peripheral neuropathy of the sciatic nerves have been granted. The Veteran is currently receiving a disability rating of 40 percent for his right sciatic nerve condition, effective from January 5, 2021.

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis, left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve), and left shoulder strain have been granted. The Veteran is now rated at the maximum 40 percent disability rating for his lumbar spine condition.

The Veteran's appeal for an earlier effective date for a 20 percent rating for right lower extremity radiculopathy/sciatic nerve impairment was denied.,The Veteran's claim for an increased rating for unspecified depressive disorder is remanded and will be adjudicated after the Veteran undergoes a VA examination.

The Board denied the Veteran's claims for service connection for left and right sciatic nerve disabilities, finding no evidence of a current disability related to military service or a service-connected condition.

The Board has remanded the claims for lumbar degenerative disc and joint disease and right lower extremity radiculopathy due to insufficient evidence in the record. The Veteran's service connection claims are pending.

The Board has decided to remand the cases of service connection for low back disability and left sciatic nerve radiculopathy, as they are intertwined with each other.