Radiculopathy & sciatica decisions — 2022

The Veteran was granted a TDIU effective October 9, 2008. The Board also denied the claim for an extraschedular TDIU prior to October 9, 2008.,Prior to October 9, 2008, the Veteran's service-connected lumbar spine disability did not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities render him unable to obtain or maintain a substantially gainful occupation, and the Board has granted his claim for TDIU benefits.

The Board has remanded both the TDIU and cause of death claims due to their interrelated nature. The TDIU claim is being referred for extraschedular consideration, while the cause of death issue remains pending.

The Veteran's TDIU claim is granted, as his service-connected disabilities make him unemployable.,Claims for earlier effective dates for left lower extremity radiculopathy and hypertension are denied.

The Board has remanded the claims for service connection for headaches, blurry vision, vertigo, a low back disability, and left lower extremity radiculopathy due to lack of substantial compliance with prior remand directives regarding verification of alleged exposure to hazardous chemicals during service.

The Veteran's appeal is dismissed for the issue of an increased initial disability rating in excess of 10 percent for tinnitus. The right elbow scar has been granted a 10 percent rating, effective from the date of the decision. Other issues are REMANDED for further development.

The Veteran's service-connected disabilities, particularly his right hand and back conditions, render him unable to secure or maintain substantially gainful employment.

The Veteran's radiculopathy of the left lower extremity was initially rated at 20 percent prior to March 10, 2020. The rating has now been increased to 40 percent effective from March 10, 2020.,The TDIU claim is dismissed as the Veteran's PTSD and SMC benefits already meet the criteria for a total disability rating.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding whether his obesity was an intermediate cause of his claimed disabilities, and whether any of his sleep apnea, hypertension, back condition, or radiculopathy were proximately caused by or aggravated by his service-connected conditions.

The Veteran's low back disability is rated at 20 percent since December 11, 2009. Separate ratings of 10 percent are assigned for left and right lower extremity radiculopathy associated with the low back disability.

The Board has granted TDIU effective August 27, 2020. However, the Veteran also met the schedular requirements for TDIU on September 17, 2014 to May 13, 2015. The matter is REMANDED for further development and adjudication.

The Board has granted the Veteran's claim for service connection for a back disability, finding that it is related to his military service and not due to his service-connected right deltoid ligament sprain.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected lumbar radiculopathy, as there are outstanding records from the Naval Hospital Twentynine Palms and Eisenhower Health that need to be obtained.

The Veteran's service connection claims for various conditions are granted, including sleep apnea, heart disorder, hypertension, left hip disability, low back disability, and tinnitus. The Board finds the evidence in relative equipoise regarding these claims.,However, several new issues of entitlement to service connection have been identified, such as chest pain, dyspnea, right foot stress fracture, right hip disability, osteoporosis, right shoulder disability, tremors, asthma, blepharitis, lipoma of the chest, and kidney stones. These claims are currently pending for further review.

The Veteran's claim for service connection for migraine headaches has been reopened and granted.,Service connection is established for cervical spine multilevel degenerative disc disease, left upper extremity radiculopathy, right upper extremity radiculopathy, left shoulder impingement syndrome, rotator cuff tear bursitis, glenohumeral joint osteoarthritis, and right elbow lateral epicondylitis with degenerative joint disease and bursitis.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to the death of the appellant.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions regarding his lumbar spine disability, bilateral ankle disabilities, and right and left sciatic nerve radiculopathy. The issues of TDIU are also being deferred until these matters are resolved.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine, right lower extremity sciatic radulopathy, left lower extremity sciatic radulopathy, and cervical spine were granted effective February 4, 1999.,An earlier effective date is not warranted as all claims are based on direct service connection.

The Veteran's claims for service connection and increased ratings have been withdrawn. The Board has remanded the remaining issues due to need for additional evidence and examinations.