Radiculopathy & sciatica decisions — 2022

The Board has denied service connection for bilateral hearing loss due to the lack of evidence showing a current disability. The Veteran's low back, upper extremity neuropathy, ankle, knee, and lower leg disabilities are remanded for further examination.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence showed that he was capable of performing sedentary work with a sit/stand option.

The Board denied the Veteran's requests for earlier effective dates for service connection of psychiatric disorder, thoracic spine strain, and radiculopathy of the left lower extremity. The earliest date that the Veteran expressed an intent to file his claims was May 25, 2016.

The Board has withdrawn the claim for an increased rating in excess of 20 percent for lumbar spine disability and has remanded the claims for an increased ratings for sciatic nerve radiculopathy and femoral nerve radiculopathy.

The Board has remanded the cases due to inadequate VA examinations and issues of inextricably intertwined claims.

The Board has remanded the Veteran's claims for service connection for PTSD and bilateral lower extremity radiculopathy due to insufficient evidence regarding the claimed stressors during active duty, inadequate opinions from the VA examiner, and a need for further examination.

The Board has remanded the case due to the need for a VA examination to assess the Veteran's service-connected disabilities and their impact on his ability to secure or follow substantially gainful employment.

The Veteran's appeals for an evaluation in excess of 40 percent for lumbar intervertebral degenerative disc disease with right sciatica and radiculopathy, and service connection for a left knee condition have been dismissed due to the Veteran's request to withdraw these appeals.

The Board has granted service connection for bilateral lower extremity radiculopathy and remanded the remaining issues including psychiatric disorder, hypothyroidism, and GERD.

The Board has remanded the issues of service connection for lumbosacral strain with DDD, bilateral lower extremity sciatic nerve radiculopathy, and a rating in excess of 10 percent prior to March 16, 2020 for lumbosacral strain with DDD. The Veteran's claim for these issues is currently pending.

The Veteran's claims for service connection for left and right lower extremity radiculopathy disorders have been granted with effective dates of January 27, 2017.,Effective from June 30, 2016, the Veteran has a permanent and total disability rating.

The Veteran's lumbar spine disability and radiculopathy of the lower extremities are rated at 40 percent, which is the maximum rating available under the applicable VA rating criteria. The appeal for higher ratings has been denied.

The Board has granted service connection for the Veteran's back, left and right lower extremity sciatic radiculopathy, neck, and right knee disabilities. These conditions are considered direct service connections as they were incurred during active duty.

The appeal for TDIU is dismissed. The Board has remanded several issues including service connection for a left ankle disability, increased ratings for various disabilities, and effective dates.

The Board has remanded the Veteran's claims for service connection for lower extremity nerve disorders due to potential exposure to toxic chemicals and/or Agent Orange during military service. The cases are being remanded to obtain clarification on whether there is a left or right lower extremity nerve disorder, as well as an addendum opinion addressing the etiology of any diagnosed conditions.

The Veteran's appeal for increased disability ratings and service connection is being remanded due to the need for additional medical examinations.

The Board has found that a remand is necessary to assess the current severity of the Veteran's service-connected low back disability and radiculopathy of the lower extremities, including any associated nerve damage. The issues are inextricably intertwined with the claim for increased evaluations.

The Veteran's TDIU claim is remanded due to the need for clarification of his earned income from his lawn care business between 2009 and 2014.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's neck disability and bilateral upper extremity radiculopathy. The claims are being returned for further evaluation.

The Board has granted service connection for cervical spine, cervical radiculopathy, and right shoulder disabilities. The TDIU claim is remanded as it impacts the overall combined rating.