Radiculopathy & sciatica decisions — 2022

The Veteran's allergic rhinitis is currently rated at 10 percent effective December 10, 2019. The appeal for a higher rating remains denied.,For the period after August 18, 2022, the Veteran's neck disability is not entitled to a rating higher than 30 percent.,The Veteran's right upper extremity radiculopathy is currently rated at 40 percent. The appeal for a higher rating remains denied.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been granted a 20% rating each, effective from March 2, 2018.

The Board denied service connection for vertigo and otalgia, finding no current diagnosis of these conditions during or approximate to the pendency of the claim. The Veteran's in-service treatment records did not show diagnoses, complaints, or symptoms of vertigo or otalgia.,The Board also denied service connection for right lower extremity neuropathy (sciatic nerve), concluding that there is no evidence linking this condition to service or a service-connected disability.

The Board has remanded the claims for increased ratings for lumbar strain, right shoulder strain, and right knee strain due to incomplete VA examinations. The Veteran's radiculopathy of the lower extremities are also being remanded as they are inextricably intertwined with the other claims.

The Veteran's claim for service connection for a thoracolumbar strain is reopened, and his claim for service connection for an upper back condition (cervical and lumbar spine) is remanded for further examination and opinion.

The Board has remanded the claims for further development due to inadequate examinations and incomplete medical opinions.

The Board has remanded the issue of entitlement to a TDIU on an extraschedular basis from August 12, 2011 to February 24, 2022 due to insufficient evidence in the record regarding whether the Veteran's service-connected disabilities alone are sufficient to produce unemployability.

The Veteran's diabetes mellitus, coronary artery disease, left and right sciatic peripheral neuropathy are rated at 40 percent for the period from December 10, 2019, and thereafter. The Veteran also receives a TDIU.

The Board has remanded several service connection claims due to incomplete records and the need for further development, including obtaining additional medical opinions.

The Board has dismissed the Veteran's claims for service connection for bilateral upper and lower extremity radiculopathy, migraine headaches, bladder cancer, hydronephrosis, acne, GERD, a bilateral knee disability, chronic fatigue syndrome (CFS), and erectile dysfunction (ED).

The Board has determined that the Veteran's chronic pain syndrome is related to his service-connected disabilities and grants service connection for this condition.

The Veteran's service-connected lumbar degenerative joint disease and related sciatic and femoral radiculopathies have been granted increased ratings from May 21, 2014 to July 7, 2022. The effective dates for the grants of service connection are also noted.

The Veteran's claims for increased ratings of bilateral lower extremity radiculopathies and entitlement to TDIU prior to February 15, 2018 are remanded due to inadequate retrospective medical opinions.

The Board has remanded the Veteran's claim for TDIU on an extraschedular basis from January 1, 2017 due to his service-connected disabilities. The AOJ is required to readjudicate the claims and determine whether an extraschedular TDIU and referral to the Director of Compensation Service are warranted.

The Veteran's back disability is granted a 20 percent rating, but no greater, for the entire period on appeal.,The Veteran's right lower extremity radiculopathy is remanded as there are issues with the current ratings.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected conditions caused or aggravated her sleep apnea.

The Board denied a rating for bilateral lower extremity radiculopathy in excess of 10 percent per each extremity, finding that the overall severity levels of the Veteran's disability most closely approximated a mild degree of impairment.

The Veteran's TDIU is granted beginning on October 5, 2010, due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Veteran's service-connected disabilities, including his low back condition and bilateral knee conditions, have rendered him unable to secure or follow a substantially gainful occupation since May 20, 2008. The Board has granted a TDIU effective from that date.

The Veteran's claims are being remanded to attempt to verify his service in Southwest Asia and obtain any missing personnel and medical records. The Board will then adjudicate the reopened claims based on the evidence received.