Radiculopathy & sciatica decisions — 2022

The Board has ordered a new medical opinion to determine if the Veteran's back disorder and neurological symptoms are related to service, including exposure during the Gulf War. The claim is being remanded for this purpose.

The claim regarding whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for a back condition is dismissed.,New and material evidence having been received, the claim for entitlement to service connection for bilateral fallen arches (bilateral pes planus) is reopened.

The Board denied the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to lack of evidence linking these conditions to his military service or a service-connected condition.

The Veteran's service connection claim for a cervical spine disorder was granted. The appeal seeking an increased disability rating for bilateral hearing loss is dismissed. The claims for lumbar spine disorder, RLE sciatica, and right hip disorder are remanded.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability, left and right lower extremity radiculopathy due to incomplete development of the record.

The Board has remanded the Veteran's claims for his bilateral lower extremity radiculopathy, including issues regarding a disability evaluation and service connection. Additional examinations are needed to determine the current severity of the conditions and whether there have been any changes in severity since November 1, 2015.

The Veteran withdrew his appeals for service connection for a cervical spine disability and right arm radiculopathy.

A 20 percent rating, but no more, for chronic thoracolumbar strain and lumbar retrolisthesis prior to August 23, 2020, is granted.,A separate noncompensable rating for radiculopathy of the right lower extremity (RLE) of the sciatic nerve prior to August 23, 2020, is granted. A separate noncompensable rating for radiculopathy of the left lower extremity (LLE) of the sciatic nerve prior to August 23, 2020, is also granted.,A compensable rating for limitation of flexion for right knee patellofemoral pain syndrome prior to August 23, 2020, is denied. A 10 percent rating, but no more, for right knee PFS prior to August 23, 2020, is granted.,A compensable rating for limitation of flexion for left knee patellofemoral pain syndrome prior to August 23, 2020, is denied. A 10 percent rating, but no more, for left knee PFS prior to August 23, 2020, is granted.,A rating in excess of 10 percent for left knee patellofemoral pain syndrome since August 23, 2020, is denied.

The Board has remanded the issues of reducing disability ratings for back and radiculopathy, as well as increasing those ratings. The TDIU issue is also being remanded due to inextricable ties with the other issues.

The Veteran's appeals for increased ratings for radiculopathy of the right and left lower extremities are dismissed. Service connection for obstructive sleep apnea (OSA) is granted.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service connected invertebral disc syndrome and right lower extremity radiculopathy, as well as complete a TDIU claim form.

The Veteran's service-connected disabilities, including PTSD, Hepatitis C, OSA, and back conditions, have prevented him from securing and maintaining substantially gainful employment prior to March 15, 2015.

The Board has determined that the effective dates for service connection and initial disability ratings are not warranted prior to June 12, 2007 or July 6, 2007. The claims have been REMANDED for further development.

The Board dismissed the appeal because the appellant requested to withdraw it.

The Veteran's claim for an initial disability rating of 40 percent for left lumbar radiculopathy has been granted. The referral for extraschedular consideration of the evaluation of service-connected left lumbar radiculopathy is also remanded.

The Board denied service connection for radiculopathy of the lower extremities, finding no current diagnosis and noting that the Veteran's symptoms are associated with diabetic neuropathy.

The Veteran's claim for increased ratings for his thoracic strain with degenerative changes and lower extremity radiculopathy disabilities is remanded due to the need for additional development, including a VA examination.

The Veteran's right and left sciatic nerve radiculopathy were granted a rating of 20 percent, but no higher, from March 16, 2016, to December 29, 2020.

The Board has decided to remand the cases for additional development due to missing non-VA treatment records.

The Veteran's appeal is being remanded for further development, including VA examinations and consideration of her claims for increased ratings and TDIU.