Radiculopathy & sciatica decisions — 2022

The Board denied service connection for neck and back disabilities, finding that the Veteran's current conditions did not have onset in service or until many years thereafter and were not related to service.,The Board found no credible evidence of a chronic condition in service and noted the lack of treatment records indicating ongoing symptoms since service.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and the Board denies entitlement to a total disability rating based on individual unemployability.

The Veteran's cervical strain and radiculopathy disabilities are granted as service connected. A higher rating for his jaw disability is remanded.

The Veteran's appeals for increased ratings and effective dates have been dismissed. The Board found that the Veteran did not file a claim prior to March 30, 2018, for his lumbar spine disability and left lower extremity radiculopathy.,The claims of service connection for headaches, diabetes mellitus, right foot disabilities, left foot disabilities, right knee disabilities, and left knee disabilities are remanded.

The Veteran's claims for increased ratings for lumbar spine disability, right and left lower extremity radiculopathy have been denied.,A rating in excess of 20 percent for lumbar spine disability prior to December 13, 2019 has not been met.,Initial compensable ratings for RLE and LLE radiculopathy from April 4, 2022 have not been met.,An initial rating in excess of 10 percent for right lower extremity radiculopathy (femoral nerve) secondary to service-connected lumbar spine disability has not been met.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including for a TDIU rating. The appeal remains in the legacy system due to an increase in the rating for herniated lumbar disc L3.

The Board has remanded the Veteran's claims for service connection and TDIU due to insufficient reasons and bases in the previous decision, specifically regarding whether his neck disability is related to an in-service melanoma surgery.

The Board has decided to remand the case due to new evidence and a need for an opinion regarding the Veteran's left upper extremity radiculopathy. The claim will be reconsidered by the AOJ with this additional information.

The Board has dismissed the Veteran's claim for a left leg disability other than radiculopathy. The previously denied claims of service connection for degenerative disc disease L5-S1 and bilateral leg numbness have been reopened, but the case is remanded to obtain additional medical opinions regarding these issues. The Veteran's right knee condition remains under review.

The Board has determined that the Veteran's claims for right and left upper extremity radiculopathy are denied due to lack of evidence linking these conditions to service. The claim for obstructive sleep apnea is remanded for further evaluation.

The Veteran's appeals for increased evaluations and TDIU have been dismissed as the Veteran withdrew his appeal.

The Board has remanded the claims for intervertebral disc syndrome, lumbar spine, with segmental instability and degenerative arthritis (claimed as a back condition) and right lower sciatic radiculopathy due to additional VA treatment records being added to the claims file.

The Veteran's service-connected disabilities rendered her unable to obtain and maintain substantially gainful employment from December 16, 2013 to April 20, 2017, on an extraschedular basis.

The Board has remanded the Veteran's claims for increased ratings and service connection due to outstanding VA treatment records, potential x-ray studies, and additional medical opinions.

The Veteran's appeal is REMANDED for further action regarding his claim of entitlement to a TDIU. The Board finds that the evidence does not show he meets the schedular criteria for assignment of a TDIU, including on the basis of disabilities affecting a single body system (orthopedic), during the entire period on appeal.

The Board has decided that a remand is necessary to determine the nature and etiology of any current left lower extremity disorder, including sciatica, and whether it is related to service or secondary to any service-connected disability.

The Veteran's radiculopathy with sciatic nerve involvement of the left lower extremity is granted a restoration of the 20 percent evaluation. The right lower extremity radiculopathy is denied for increased ratings.

The Veteran's service-connected low back disability and radiculopathy of the lower extremities are being remanded for further development, including obtaining addendum opinions regarding range of motion and need for aid and attendance or housebound status.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence submitted by the Veteran, including recent medical records from Olympia Orthopedic Associates. The Veteran is also required to complete a VA Form 21-8940 and provide information about his employment history.