Radiculopathy & sciatica decisions — 2022

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy of the lower extremities due to inadequate examination reports, including lack of discussion on flares.

The Board dismissed the appeal for a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) because the Veteran did not file a timely notice of disagreement with the June 2022 denial of TDIU.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since October 26, 2015.

The Veteran's appeals for increased ratings for a lumbar spine disability and right lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal prior to the promulgation of a decision.

The Board has granted service connection for the Veteran's lower back disability and right leg radiculopathy, but denied service connection for a psychiatric disorder other than persistent depressive disorder. The decision is based on the merits of these claims.

The Veteran's bilateral hearing loss is granted as service-connected. The Board has also granted service connection for lumbosacral strain, right foot condition, left foot condition, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's lumbar spine, cervical spine, and right leg radiculopathy disabilities are granted as service-connected.,The Veteran's right knee disability is granted as service-connected. The Veteran's migraine headaches are granted at a 30 percent rating effective November 4, 2021.

The Board has denied the Veteran's claims for service connection for a lumbar spine condition and left lower extremity sciatica, finding that there is no evidence of chronic in-service disability or continuity of symptomatology. The Board also remanded the remaining issues.,The Board found insufficient medical opinion regarding whether the Veteran's current knee and wrist conditions are related to his active service.

The Veteran's TDIU claim is granted from December 30, 2013. The earlier effective date appeals for radiculopathy and spondylolisthesis are dismissed.

The Board has granted service connection for DDD lumbar spine with herniation at L3-L4 and L4-L5, left lower extremity radiculopathy, finding that the current disability is related to an in-service injury.

The Board has remanded the Veteran's claims for increased ratings for his back disability and peripheral neuropathy of the sciatic nerves due to incomplete compliance with previous remand directives.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to potential worsening of symptoms. Additional examinations are needed, and VA treatment records from February 2019 to present should be obtained.

The Veteran's appeal for an initial, compensable rating for hydrocele, status post left orchiectomy has been dismissed as the Veteran withdrew his claim during a Board hearing. The remaining issues on appeal have been remanded for further development and consideration.

The Veteran's right shoulder pain with arthritis and right upper extremity radiculopathy are granted service connection as they were present during his military service.

The Board has determined that additional VA examinations are needed to assess the current severity of the Veteran's allergic rhinitis and sinusitis conditions, dermatitis and tinea versicolor (claimed as chronic skin rash), lumbosacral strain with degenerative arthritis and degenerative disc disease, left lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve), and right lower extremity radiculopathy (sciatic nerve).

The Board has remanded several issues for further development, including obtaining additional medical records and attempting to obtain records from identified providers. The Veteran's claims are currently pending.

The Veteran's claims for increased ratings for diabetes mellitus and peripheral neuropathy have been denied. The Board has also remanded the issue of entitlement to a total disability based on individual unemployability prior to March 28, 2016.

The Veteran's claims for service connection and evaluations of various conditions are being remanded due to the need for additional development, including verification of in-service stressors and examinations.

The Veteran's claim for SMC based on the need for aid and attendance/housebound status is remanded due to insufficient explanation of functional impairments attributable solely to service-connected disabilities. The Veteran also has a nonservice-connected condition (Parkinson's disease) that affects his ability to perform daily activities.

The Veteran's appeal is being remanded for additional development due to the need for new and material evidence regarding his psychiatric disorder, as well as for VA examinations to assess his bilateral knee disabilities, sciatic nerve disabilities, and low back disability.,VA has also been instructed to schedule the Veteran for an examination to confirm any current ankle disabilities and provide opinions on their etiology.