Radiculopathy & sciatica decisions — 2022

The Board has granted TDIU on an extraschedular basis, finding that the Veteran's service-connected disabilities are of such severity to preclude all forms of substantially gainful employment.

The Veteran's claims for service connection for IVDS, left ankle cyst, and TBI were all granted. However, the claim for carpal tunnel syndrome of the right upper extremity was denied, as was the claim for degenerative arthritis of the back.,A remand has been ordered for a cervical radiculopathy claim.

The Veteran has withdrawn all his appeals regarding the disability ratings for lumbosacral strain, left and right sciatic nerve radiculopathy. The Board dismissed these issues as a result.

The Veteran's appeals have been dismissed as he has requested the withdrawal of all pending appeals.

The Veteran's appeal for service connection for radiculopathy of the right lower extremity has been dismissed due to the Veteran's withdrawal of the claim.

The Veteran withdrew his appeals for service connection for PTSD, right lower extremity radiculopathy, left lower extremity radiculopathy, a cervical spine disability, and a lower extremity circulatory disability.

The Veteran's cervical spine disability is denied as there is no evidence of a nexus between the condition and service.,The Veteran's dental disability claim for treatment purposes is dismissed due to her total disability rating based on individual unemployability.

The Board has found that further remand is necessary to obtain the curriculum vitae of the VA examiners who provided opinions in April 2020, August 2020 (two separate exams), September 2020, November 2020, and May 2021. The Veteran and his attorney will be notified if these documents cannot be obtained.

The Board has remanded the cases for further development and consideration due to VA's failure to obtain private treatment records from the Veteran's primary care physician, Dr. Broaddus.

The Veteran's claims for increased ratings and TDIU were denied due to his failure to report for VA examinations, and the claim for TDIU was considered abandoned.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment consistent with his education, training, and experience.

The Board has determined that the Veteran does not have a current psychiatric disability, to include depression, and therefore denied service connection for this condition. The back, right hip, and right lower extremity radiculopathy disabilities are remanded due to inadequate medical opinions.

The Board has determined that additional VA examinations are needed to assess the severity of the Veteran's right knee and lumbar spine disabilities, as well as their associated radiculopathy. The claims will be remanded for these purposes.

The Board has remanded the issue of whether separate evaluations are warranted for any neurologic manifestations associated with the Veteran's service-connected lumbar spine disorder from January 13, 2012 to December 27, 2021.

The Veteran's bilateral hearing loss is not service-connected due to lack of in-service onset or continuity of symptomatology.,Service connection for a disability of the upper extremities, to include thoracic neuropathy, is denied as there is no current diagnosis and no evidence linking it to service.,Service connection for a bilateral ankle and feet disability is remanded as the VA examiner found a negative nexus to service.,Service connection for a bilateral leg and knee disability is remanded as the VA examiner found a negative nexus to service.,Service connection for a lumbar disorder, claimed as lumbar radiculopathy, is remanded as the VA examiner found a negative nexus to service.

The Board has remanded the Veteran's claims for service connection for various disabilities, including an acquired psychiatric disorder, erectile dysfunction, impaired fasting glucose or diabetes, hypertension, obstructive sleep apnea, a LEFT heel disorder, lumbar radiculopathy of both lower extremities, cervical radiculopathy of the RIGHT upper extremity, ulnar neuropathy / neuritis of the LEFT hand, and RIGHT eye conditions. The AOJ is instructed to obtain relevant federal records, secure missing Army Reserve medical records, and obtain VA treatment records from San Juan VAMC.

The Board has remanded the Veteran's claims for service connection due to unclear information regarding her service during her injury on July 26, 2000. The issues must be further investigated and verified.

The Board has granted the Veteran's claim for service connection for a back condition, finding that his current disability is related to his in-service hernia surgery and heavy lifting.

The Veteran's claim for service connection for bilateral hearing loss has been withdrawn and dismissed.,Service connection for left knee strain was denied as the evidence does not support an in-service injury or disease, and there is no credible link between current symptoms and service.,Service connection for a bilateral foot disability was denied due to lack of evidence of an in-service injury or disease. The Veteran's testimony about chronic pain during service did not align with contemporaneous records indicating he did not seek treatment for left knee issues.,The Veteran's claim for right shoulder disability, psychiatric disorder (PTSD and major depressive disorder), cervical spine disability, lumbar spine disability, and radiculopathy was remanded as the evidence is insufficient to determine if these conditions are related to service.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Appellant's National Guard service and the relationship between his back condition, hypertension, and acquired psychiatric disorder. The claims will be further developed with additional medical records and a VA examination if necessary.