Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected lumbar spondylosis, LLE sciatic nerve radiculopathy, and right leg lumbar radiculopathy are remanded for additional examinations to determine their current severity.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to combined service-connected disabilities. The Veteran is seeking higher disability ratings for his lumbar spine disability and LLE femoral radiculopathy, as well as a determination of whether he qualifies for TDIU based on his combined service-connected conditions.

The Board has dismissed all claims for increased ratings and TDIU due to the appellant's death.

The Board has granted service connection for residuals of traumatic brain injury, right lower extremity radiculopathy, and left lower extremity radiculopathy. Effective dates have been assigned for these conditions. The Veteran's claims for an acquired psychiatric disorder, higher initial ratings for RLE and LLE radiculopathy, and a TDIU are remanded.

The Veteran's lumbosacral spine condition, left lower extremity radiculopathy, and right medial epicondylitis are each granted initial disability ratings of 10 percent from May 1, 2010 to November 6, 2019.

The Veteran's initial claim for a 10 percent rating for musculocutaneous nerve left leg radiculopathy was granted, but the appeal is now focused on whether separate ratings should be assigned for other nerves involved.,Separate ratings are not warranted for external popliteal and internal popliteal nerves as their functions overlap with the sciatic nerve.

The Board has decided that the Veteran's tinnitus is service-connected, but has remanded for further examination regarding her left lower extremity radiculopathy.

The Board has remanded the case for further development to obtain an adequate medical opinion regarding the etiology of the Veteran's neurological disorder of the right upper extremity, including radiculopathy, ulnar neuropathy, and polyneuropathy. The TDIU claim is also being remanded due to its inextricable link with the RUE neurological disorder claim.

The Board denied the Veteran's claim for service connection for a back disability, finding that his current condition was not caused by VA's failure to exercise proper care during a spinal anesthetic procedure in September 2011. The Board concluded that the additional disability (back disorder) did not result from the VA's fault.

The Board denied service connection for diabetes mellitus, type II and bilateral foot and leg neuropathy. Service connection was granted for left upper extremity radiculopathy.,Service connection for right upper extremity radiculopathy was also granted.

The Veteran's service-connected disabilities, including his back disability and bilateral lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is remanded for further development regarding his claims of increased disability ratings for residuals of a gunshot wound to the left upper extremity, lumbosacral strain with degenerative arthritis, and radiculopathy of both lower extremities.

The Board has remanded the claims for cervical spine, right knee, radiculopathy, and bilateral lower extremity neuropathy disabilities due to inadequate examination opinions. The Veteran's service-connected low back disability is alleged as a potential cause.

The Veteran's radiculopathy of the left and right lower extremities is granted at a 20% rating effective January 9, 2020. Prior to that date, the LLE radiculopathy was rated at 10%. A separate compensable rating for RLE radiculopathy prior to January 9, 2020 is denied.

The Board has remanded the appeals for ratings for lumbosacral strain with degenerative disc disease, right lower extremity radiculopathy, and left shoulder impingement syndrome with osteoarthritis due to inadequate examination reports.

The Veteran's petition to reopen the claim of entitlement to service connection for generalized anxiety disorder is granted.,Service connection for left lower extremity lumbar radiculopathy, secondary to service-connected degenerative disc disease, is granted.

The Board has remanded the claims for increased ratings for degenerative joint/disc disease of the lumbar spine and left lower extremity sciatica due to inadequate examination reports. The Veteran's disability must be evaluated retrospectively over the claim period, considering flare-ups and repeated use.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment, and the Board has granted a TDIU. The claim for an increased rating for PTSD is remanded due to evidence of worsening.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for an effective date earlier than December 30, 2010, for a 10 percent evaluation for lumbosacral strain is dismissed as the appeal represents a freestanding claim and not a request to revise a final decision based on CUE.,The Veteran's claim for an effective date earlier than August 13, 2013, for service connection of radiculopathy of the left lower extremity is denied as the earliest date that it can be factually ascertained that radiculopathy was demonstrated is August 13, 2013.,The Veteran's claim for a 30 percent rating for obstructive sleep apnea (OSA) is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for a 10 percent rating for tinnitus is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for service connection for a hip disability is denied due to lack of current diagnosis.

The Veteran's lumbar spine condition is not related to service, and the Board denied his claim for service connection.