Radiculopathy & sciatica decisions — 2022

The Board has remanded several issues related to the Veteran's service connection claims, including bilateral hearing loss disability, hemorrhoids, hypertension, PTSD and bipolar disorder, right elbow lateral epicondylitis, left elbow lateral epicondylitis, lower extremity radiculopathy, lumbosacral strain, knee strains, and pes cavus. The issues are remanded due to the need for additional development of records.

The Board has found that the Veteran was exposed to herbicide exposure during service and is remanding for new VA examinations and opinions regarding his claims of service connection for sciatic nerve disorder, umbilical hernia, respiratory disorder, and gastrointestinal disorder.

Effective dates of April 4, 2012 for service connection and initial ratings of 20% have been granted for radiculopathy of the left and right lower extremity sciatic nerve.,The Veteran's claim for higher initial ratings prior to December 11, 2019 remains pending.

The Board has decided to remand several claims related to the Veteran's disabilities, including ratings for scars and radiculopathies of the lower extremities. The appeals are being sent back for further action.

The Board has remanded the case due to a need for medical opinion regarding the onset of right and left cervical spine radiculopathy, as well as its relationship to service connection.

The Board has remanded the cases for further development, including obtaining addendum opinions regarding the etiology of the Veteran's claimed disabilities.

The rating reduction from 20 percent to 0 percent for hemorrhoids was improper and a 20 percent rating is restored, effective June 1, 2015.,Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is remanded.

The Veteran's claims for service connection for degenerative arthritis of the cervical spine, left upper extremity radiculopathy, and right upper extremity radiculopathy have been granted. The Board found a link between these conditions and his military service.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment from January 30, 2018, to April 2, 2020.

The Board has remanded the issues of service connection for degenerative disc disease of the lumbar spine and radiculopathy, bilateral lower extremities due to inadequate compliance with previous remand directives.

The Veteran's claims for effective dates prior to May 7, 2009 and increased ratings are being remanded as the evidence is insufficient to determine when entitlement arose or if earlier effective dates are warranted.,The Veteran's TDIU claim is also being remanded due to his recent testimony indicating that his disabilities have worsened since his last VA examination.

The Board has dismissed the claim for right sided sciatica and granted reopening of previously denied claims for bilateral knee conditions, tinnitus, and acquired psychiatric disorders. The issues of service connection for a right knee disability, left knee disability, and an acquired psychiatric disorder are remanded.

The Board denied the Veteran's claims for service connection for sleep apnea, as well as increased ratings for his low back disability, cervical spine disability, sciatic radiculopathy of the right and left lower extremities, and radiculopathy of the left upper extremity. The primary reasons were that there was no evidence linking these conditions to his service-connected disabilities or any other known risk factors.

The Veteran's major depressive disorder has been granted a 70 percent rating, resolving reasonable doubt in his favor.,His back and bilateral lower extremity radiculopathy disabilities are remanded for further evaluation.

The Board has remanded the case due to a raised issue of entitlement to special monthly compensation (SMC) based on housebound status. The Veteran's disabilities do not meet the criteria for SMC at level S, but may still qualify for SMC if he is permanently housebound.

The Board has remanded the Veteran's claims for additional development due to inadequate reasons and bases in the August 2019 decision, including failure to define terms used in assessing radiculopathy and not having an opportunity to consider a Chavis v. McDonough decision.

The Board has remanded the Veteran's claims for migraine headaches, left lower extremity radiculopathy, and sleep apnea due to potential issues with the evaluations and etiology of these conditions. The Veteran is also being asked to provide information about any additional healthcare providers who have provided treatment.

The Veteran's right lower extremity radiculopathy/neuritis is currently rated at 20 percent, and the Board finds no evidence of a higher rating. The Veteran's PTSD with major depressive disorder and alcohol use disorder has been temporarily rated at 100 percent from September 26, 2018 to January 31, 2019.,The Veteran's PTSD with major depressive disorder and alcohol use disorder is currently rated at 70 percent prior to September 26, 2018, and the Board finds no evidence of a higher rating. The Veteran's PTSD with major depressive disorder and alcohol use disorder has been temporarily rated at 100 percent from September 26, 2018 to January 31, 2019.

The Veteran's claim for service connection for sleep apnea has been reopened due to new and material evidence. The claims for increased ratings for bilateral spondylosis with lower extremity radiculopathy and TDIU are remanded.

The Veteran's claims for increased evaluations for degenerative disc disease of the lumbar spine and sciatic nerve radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine.