Radiculopathy & sciatica decisions — 2022

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his employment was not marginal and he did not receive special accommodations in his work environment. The decision also noted that his income exceeded the poverty threshold for one person during the appeal period.

The Board has remanded the Veteran's claims for cervical DDD/DJD and radiculopathy of the right upper extremity associated with cervical DDD and DJD due to service, as well as any aggravation by his service-connected bilateral knee disability. The claims are being returned for further development.

The Board has granted service connection for a low back condition, diagnosed as lumbosacral strain with bilateral lower extremity radiculopathy, finding that the Veteran's symptoms were coincident with his active duty service and are related to his service-connected left total knee replacement.

The Veteran's left foot drop, left hip sciatic nerve damage, and left leg length discrepancy are considered additional disabilities caused by the VA-provided left hip replacement surgery.

The Veteran's claim for service connection for diabetes mellitus type II, due to exposure to herbicides is granted. The Board finds the Veteran had service in Korea near the DMZ and was exposed to herbicide agents during his active duty.

The Veteran's claim for an increased rating for his LUE radiculopathy is being remanded due to the need for a new VA examination by a physician who has not previously examined him.

The Veteran's radiculopathy affecting both lower extremities is granted effective from May 5, 2011.

The Board has denied a compensable rating for left ear hearing loss and has remanded the remaining claims of service connection for various disabilities. The Veteran is required to provide updated VA records, as well as obtain relevant Federal records from USPS and OPM.

Service connection for migraine headache disability is granted.,Service connection for right ankle disability is dismissed.,An effective date of August 30, 2017, but no earlier, is granted for service connection for right lower extremity radiculopathy.,An effective date prior to March 29, 2018 is denied for the increased evaluation of panic disorder without agoraphobia.

The Veteran's service-connected conditions do not prevent her from obtaining and maintaining substantially gainful employment, as she is already in receipt of a combined 100% rating for the entire period on appeal.

The Board has ordered a remand for further development due to the need for an in-person examination of the Veteran's service-connected left lower extremity radiculopathy and low back disability. The issues are related to determining appropriate initial ratings for these conditions.

The Veteran's headaches are not service-connected, as they are considered a symptom of his service-connected PTSD.,Service connection is granted for moderate restrictive ventilation disorder (previously characterized as breathing problems), low back disability, right shoulder disability, left shoulder disability, right knee disability, and left knee disability.

The Veteran's claim for service connection for a back disorder secondary to his service-connected bilateral knee patellofemoral pain syndrome is being remanded due to the inadequacy of the previous VA examination. The Veteran needs a new examination to determine if any current back disorders are proximately due or the result of his service-connected bilateral knee disability, and whether they have been aggravated by it.

The Veteran's right ear hearing loss is denied as there is no current diagnosis of hearing loss for VA purposes.,Left ear hearing loss is granted as the evidence is at least evenly balanced as to whether it had its onset during service.

The Veteran's right knee disorder, lower gastrointestinal disorder, and related shoulder disorders are being remanded for further evaluation due to the need for additional medical opinions. The lumbar spine disorder is also being remanded as it involves a secondary service connection claim.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the Veteran for new VA examinations to determine the current nature and severity of his service-connected lumbar spine disability and bilateral lower extremity radiculopathy.

The Veteran's service-connected disabilities, including traumatic arthritis of the left ankle and degenerative joint disease of the thoracolumbar spine, have rendered him unable to secure or follow substantially gainful employment prior to March 26, 2019.

The Veteran's claim for service connection for a low back disability has been reopened, but the issue of whether his low back disabilities are related to his service-connected left knee disabilities remains pending and requires further development.

The Board has remanded the Veteran's claims for service connection for various spinal and radiculopathy disorders due to a lack of VA examinations. The Veteran is advised that failure to report for these exams may have detrimental consequences on his pending claims.

The Veteran's appeal for service connection for radiculopathy of the left lower extremity and a higher disability rating for left ankle disability has been remanded due to errors in the original decision.,There is no clear and unmistakable error found in previous decisions regarding these issues.