Radiculopathy & sciatica decisions — 2023

The Board has remanded the claims for increased ratings for a lumbar spine disability, radiculopathy of the right and left lower extremities, and TDIU prior to April 26, 2022 due to insufficient medical opinions regarding functional loss and ankylosis.

The Veteran's TDIU claim is remanded due to the need for a VA medical opinion regarding the cumulative effect of his service-connected disabilities on his employability.

The Board has remanded the cases due to new evidence received by VA, and the AOJ should review this evidence in the first instance.

The Board has remanded the claims for service connection due to inadequate previous opinions and inextricably intertwined issues. The Veteran's representative raised theories of secondary service connection.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine headaches, and various musculoskeletal conditions, rendered him unable to secure or follow a substantially gainful occupation from October 20, 2011, to February 1, 2015.

The Veteran's bilateral hearing loss claim is denied as he does not have a current disability for VA purposes.,Service connection is granted for the lumbar spine disability, right lower extremity radiculopathy, right shoulder disability, left shoulder disability, right knee disability, and left knee disability. Service connection is also granted for the cervical spine disability.

The Board denied service connection for a lumbar spine disability, right shoulder disability, left shoulder disability, and bilateral hearing loss. Service connection was granted for a right hand ganglion cyst.,Service connection was not established for the remaining conditions: right hand disability other than ganglion cyst, left hand disability, and left knee disability.

The Veteran's appeals for increased ratings of tinnitus and suprapubic and infraumbilical scar have been withdrawn.,New evidence has been submitted to reopen claims for service connection for radiculopathy, lumbar disc disease, and cervical disc disease.

The Veteran's claims for service connection for fibromyalgia, right upper extremity cervical radiculopathy (claimed as bilateral carpal tunnel syndrome), and left upper extremity cervical radiculopathy (claimed as bilateral carpal tunnel syndrome) have been granted. These conditions are secondary to his service-connected cervical spine disability.

The Veteran's low back disorder, left foot disorder, and right foot disorder have been granted service connection. The Veteran's PFB has been remanded for further examination.

The Veteran's appeal for service connection for skin cancer and issues involving the effective dates for ratings assigned for left ankle, left leg sciatica, and left hip disabilities evaluated based on limited range of motion on flexion, extension, and abduction have been dismissed.,A 30 percent rating has been granted for a forehead scar from February 11, 2009, and for both the forehead scar and right malar cheek scar from August 20, 2015.

The Board has remanded the Veteran's claims for increased ratings due to incomplete records from Dr. Kuntz, a private endocrinologist.

The Veteran's claim for a higher rating for left leg radiculopathy is granted effective September 25, 2018. The Board also remanded several other issues including service connection and increased ratings.

The Board has remanded the case due to insufficient evidence and need for additional development, including new VA examinations and clarification of medical records.

The Board has determined that the remand is necessary to address issues related to service connection for lumbar spine disability and left lower extremity radiculopathy due to incomplete development in previous opinions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran needs regular aid and attendance or housebound status based on his service-connected disabilities. The Veteran will need a new VA examination to determine these requirements.

The Veteran's claim for TDIU was denied prior to March 17, 2017 due to his service-connected orthopedic disabilities. From March 17, 2017, the Veteran has been granted a TDIU based solely on his service-connected orthopedic disabilities.,The Veteran is now eligible for SMC at the housebound rate since November 22, 2017 due to his combined rating of 100 percent and other service-connected disabilities independently ratable at 60 percent.

The Veteran's low back disability is granted as service-connected.,There is no evidence of a current right knee condition, and the claim for this issue is denied.,Similarly, there is no evidence of a current left knee condition, and the claim for this issue is also denied.

The Veteran's appeal for an initial disability rating in excess of 20 percent prior to May 22, 2014 and 40 percent thereafter for service-connected left lower extremity radiculopathy has been dismissed due to the Veteran withdrawing his appeal through a VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement).

The Board has remanded the case due to an inadequate VA examination, and a new one must be conducted to determine if the Veteran's back disability is related to her active-duty service.