Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment from October 1, 2017, to December 17, 2021. Since then, his combined rating is 100%, making the TDIU claim moot.

The Veteran's appeal is being remanded for additional development to address her claims for lower extremity radiculopathies and a higher rating for lumbar spine fusion.,The Board also finds that the issues of TDIU and Dependents' Educational Assistance are inextricably intertwined with the above-mentioned claims.

The Veteran's RLE radiculopathy is rated at 10 percent since August 10, 2020. The LLE radiculopathy remains rated as non-compensable.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient examination reports.,Additional medical evidence is needed, including updated VA treatment records.

The Veteran's left cubital tunnel syndrome is granted as service connected. The extension of the temporary total disability rating for left knee degenerative joint disease under 38 C.F.R. § 4.30 until January 31, 2007, is also granted.

The Board has denied service connection for a back disorder and radiculopathy of the bilateral lower extremities, finding that there is no evidence linking these conditions to active duty service.

The Veteran's service-connected PTSD is rated at 70 percent disabling, but the Board finds that a higher evaluation is not warranted. The evidence does not show total occupational and social impairment due to symptoms such as persistent delusions or hallucinations, memory loss, or disorientation to time and place.

The Veteran's service-connected disabilities, when combined, have rendered him unable to secure or follow a substantially gainful occupation since January 1, 2016.

The Veteran's lumbosacral strain and left lower extremity radiculopathy are currently rated at their maximum levels, with no higher ratings granted. The Board denied the Veteran's claims for increased ratings.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to May 31, 2016, finding that his service-connected lumbar spine and left lower extremity radiculopathy alone did not preclude him from obtaining or maintaining substantially gainful employment.

The Board has remanded the claims for higher ratings for the service-connected right and left lower extremity radiculopathy due to a lack of substantial compliance with previous remand instructions.

The appeal with respect to radiculopathy of the left lower extremity is dismissed. The previously denied claim of entitlement to service connection for a back disability is reopened, and the issue remains on remand. Entitlement to a compensable disability rating for bilateral hearing loss is also on remand.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied. The Board found that the Veteran's hearing acuity did not meet the criteria for a compensable disability rating under Diagnostic Code 6100. The claims for increased ratings for arthritis of the lumbar spine, right and left lower extremity radiculopathy were remanded for further development.

The Veteran's appeal has been dismissed due to his death prior to a final decision. The claims for service connection and TDIU are not before the Board.

The Veteran's appeal includes multiple issues related to her service-connected disabilities and new claims for various conditions. The Board has determined that a remand is necessary due to the Veteran's failure to appear at scheduled VA examinations, as well as the need to obtain authorization for medical records from civilian facilities and personnel records regarding her deployments.

The Board has determined that the Veteran's tinnitus had its onset during active service and granted service connection for this condition. The remaining issues have been remanded due to insufficient evidence.

The Veteran's current anxiety disorder is proximately due to, or the result of, his adjudicated service-connected disabilities. Service connection for an anxiety disorder as secondary to his service-connected disabilities has been granted.

The Veteran's claims for service connection for right lung disability, fatty liver disease, allergic rhinitis, low back strain with osteoarthritis of the lumbar spine, and sciatic nerve radiculopathy are denied. The Veteran's claim for Schamberg's disease of the feet is also denied. Service connection for kidney disability (claimed as renal dysfunction) is remanded.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The Board has also remanded several issues related to the Veteran's back disability.

The Board has remanded the Veteran's claims for additional development, including obtaining treatment records and conducting a VA examination to assess his back disorder and associated radiculopathy.