Radiculopathy & sciatica decisions — 2022

The Board has determined that service connection for hypertension is not warranted as there is no diagnosis of hypertension in the record.,The nature and etiology of the Veteran's low back condition to include degenerative arthritis of the spine with sciatica, and headaches to include tension headaches and as secondary to service connected bilateral hearing loss and tinnitus (claimed as migraine headaches) are unclear due to insufficient medical evidence. The Veteran must be scheduled for an appropriate VA examination.,The Board has determined that service connection for headaches is not warranted as there is no diagnosis of a chronic condition in the record.

The Board has granted a rating of 40 percent for radiculopathy of the right and left lower extremities, effective from the date of the decision.

The Board has remanded the claims for lumbar radiculopathy and a cervical spine disability, both claimed as secondary to the Veteran's service-connected thoracic spine disability, due to inadequate VA medical opinion.

The Board has remanded several issues, including the rating of PTSD and low back disability, as well as service connection for a heart condition. Additional development is needed to obtain non-VA treatment records, ensure adequate VA examinations, and address functional equivalence claims.

The Board denied increased ratings for right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy. The Veteran's conditions were rated as moderate to severe based on the severity of his symptoms.

The Veteran's PTSD is currently rated at 70 percent, effective April 28, 2017. The Board denied an increased rating in excess of 70 percent.,The Veteran's sciatic neuropathy, right lower extremity, was restored to a 20 percent disability rating from May 22, 2017.,Service connection for the sexual disorder, postmenopausal atrophic vaginitis, was granted.

The Board denied the Veteran's claim for a higher level of SMC based on aid and attendance, finding that his service-connected conditions do not meet the criteria for this benefit.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since March 5, 2018.

The Board has determined that there is insufficient development to adjudicate the service connection claims for right hip disorder, left hip disorder, and left lower extremity neuropathy/radiculopathy. The Veteran's STRs are incomplete and VA has not fulfilled its duty to obtain all relevant records.

The Board has remanded the case due to failure to provide a VA Form 21-8940 for TDIU, and thus the claim is returned to the AOJ for compliance with the prior February 2022 Board remand directive.

The Board has remanded the Veteran's claims for obstructive sleep apnea and radiculopathy, right lower extremity, as they are related to service-connected conditions. The Veteran will need a VA examination to determine if his current conditions are due to or aggravated by his service-connected disabilities.

The Veteran's claim for a higher rating for DDD of the lumbar spine is denied as there are no incapacitating episodes meeting the criteria for a higher rating.,The Veteran's claim for a higher rating for radiculopathy of the left lower extremity (sciatic nerve) prior to June 28, 2019, is denied due to lack of evidence of incapacitating episodes.,The Veteran's claim for a higher rating for radiculopathy of the right lower extremity (sciatic nerve) prior to June 28, 2019, is denied due to lack of evidence of incapacitating episodes.

The Veteran's headaches are rated at 50 percent from March 7, 2015 to October 10, 2017. From July 6, 2022, the rating is denied.,The Board found that the Veteran does not meet the criteria for a TDIU prior to October 10, 2017 due to his service-connected disabilities.

The Veteran's lumbar disability was found to be normal prior to August 15, 2013. From that date forward, the disability was characterized by limited flexion.,Radiculopathy of the right femoral nerve was found to be mild in severity.

The Veteran withdrew his appeals for higher ratings for his service-connected back disorder, left lower extremity femoral radiculopathy, and left lower extremity sciatic neuropathy, as well as the claim for a TDIU prior to August 6, 2009, and the appeal involving SMC.

The Board has dismissed the appeals as the RO granted the precise effective dates sought by the Veteran for right and left upper extremity cervical radiculopathy.

The Veteran's lumbar spine disability was rated as 20 percent prior to December 31, 2008 and as 40 percent from that date. The right lower extremity radiculopathy was initially rated at 20 percent before April 30, 2021, and then increased to 40 percent thereafter.,The Veteran's lumbar spine disability did not meet the criteria for a higher rating prior to December 31, 2008. From that date onward, it met the criteria for a 40 percent rating.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to challenges regarding the competency of VA examiners. The claims are inextricably intertwined, so the radiculopathy and TDIU claims must also be remanded.

The Board has remanded the cases for further development due to incomplete evaluations of the Veteran's lumbar spine arthritis and radiculopathy.

The Veteran's claims for earlier effective dates for service connection and increased ratings are denied.,The Board has remanded several issues including the rating of prostate cancer residuals, erectile dysfunction, and bilateral hearing loss.