Radiculopathy & sciatica decisions — 2023

The Board has remanded the issues of entitlement to SMC at the housebound rate, right and left knee disabilities for extraschedular consideration. The Veteran's service-connected conditions include major depressive disorder, cervical spine disability, total knee replacements on both knees, gout in multiple joints, and other musculoskeletal conditions.

The Veteran's tinnitus is granted service connection. The cases of bilateral hearing loss, vertigo, cervical spine disability, thoracolumbar spondylosis, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee osteoarthritis, left knee osteoarthritis, right hip osteoarthritis, and left hip osteoarthritis are all remanded for further development.

The Board has decided to remand the Veteran's claims for diabetes mellitus, thoracic spine disability, right lower extremity neuropathy, and migraine headaches due to incomplete development of records.

The Veteran's claims for service connection on the issues of glaucoma, right shoulder disability, sciatic neuropathy in the left lower extremity (LLE), and diabetes mellitus are being remanded due to procedural deficiencies.

The Board has determined that further development is necessary to obtain all outstanding VA and private treatment records, as well as to provide an adequate advisory medical opinion regarding the nature and likely etiology of the Veteran's claimed disabilities. The claims for service connection are being remanded due to unresolved medical questions.

The Veteran's back disability and sciatica are not service-connected as they did not originate in or until years after service, and there is no evidence of a nexus to service.,The Veteran's left eye and right eye disabilities are not service-connected due to lack of evidence linking the conditions to his active duty.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to non-compliance with prior directives.

The Board denied service connection for a spine disability, finding that the Veteran's current conditions are more likely due to age-related degeneration and post-military trauma, rather than his military service.

The Veteran's claims for increased ratings for various Parkinson's disease residuals were denied. The highest possible rating of 30 percent was assigned for irritable bowel syndrome, and the Veteran is already receiving that maximum rating.

The Board has remanded the claims for cervical spine disability, bilateral upper extremity radiculopathy, and conjunctivitis with hypertensive retinopathy due to inadequate VA examination reports and failure to address relevant service treatment records. The Veteran's representative also noted that VA failed to obtain updated VA treatment records.

The Veteran's service-connected disabilities, including bilateral pes planus, right knee status post total knee arthroscopic repair, degenerative joint disease of the left knee, IVDS of the spine and lumbosacral strain, tinnitus, osteoarthritis of the right ankle, osteoarthritis of the left ankle, radiculopathy of the right lower extremity, radiculopathy of the left knee, and rheumatoid arthritis (indicated by pes planus), render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the claims for higher ratings for various right lower extremity neurological disabilities due to new evidence received since a November 2022 Supplemental Statement of the Case.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of service connection or entitlement to higher ratings.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of his medical records.

The Board has determined that additional medical opinions are needed to address the relationship between the Veteran's current disabilities and her service-connected PTSD, as well as whether any of these conditions were caused or aggravated by her in-service exposure.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to insufficient evidence of current employment status, failure to provide proper notice of examinations, and incomplete medical records. The Veteran is required to submit updated VA Form 21-8940 and undergo appropriate VA examinations.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and the Board grants TDIU on an extraschedular basis.

The Veteran's right hip, left hip and lumbosacral spine disabilities are granted service connection. His hypertension is also granted as secondary to PTSD. Sleep apnea is also granted as secondary to PTSD.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Board has determined that the Veteran should be afforded new VA examinations to assess his service-connected back disability, sciatica, respiratory disorder other than obstructive sleep apnea or rhinitis (claimed as bronchitis), and Meniere's Syndrome. The claims are being remanded for these evaluations.