Radiculopathy & sciatica decisions — 2023

The Board has denied the claim for a compensable disability rating for headaches prior to November 30, 2017 and has remanded the claims of higher initial ratings for right and left sciatic nerve radiculopathy.

The Veteran's cervical spine degenerative disc disease and radiculopathy of the upper extremities are rated at 30 percent, effective September 7, 2020. The status post left shoulder rotator cuff repair is denied.

The Board has remanded the Veteran's claims for obstructive sleep apnea and bilateral lower extremity disability due to inadequate medical opinions provided in previous examinations. The case is returned to the RO for further development.

The Veteran's claims for earlier effective dates were denied as there was no communication prior to the specified dates that reasonably could be interpreted as an informal or formal claim.

The Veteran's claim for a separate rating for radiculopathy, left upper extremity was denied as the Veteran failed to report for a necessary VA examination without providing good cause.

The Veteran's service-connected lumbar DDD and sciatica in the right lower extremity were denied higher initial ratings across different periods.

The Board has remanded the Veteran's claims for increased ratings and TDIU/DEA eligibility due to incomplete records, including VistA records. The Veteran is also required to provide authorization for any non-VA treatment records.

The Board has decided to remand the Veteran's claims for service connection for bilateral sciatic nerve disabilities due to inadequate examination and incomplete consideration of all evidence. The Veteran is currently entitled to service connection for unspecified depressive disorder, tinnitus, and left ear hearing loss.

The Board has decided to remand the Veteran's claims for a rating in excess of 40 percent for his low back disability, service connection for sciatic nerve neuritis and insomnia. Additional medical records are needed from North Texas Orthopedic and Spine, and VA examinations are required to assess the etiology of the claimed conditions.

The Veteran requested to withdraw his appeals regarding increased ratings for bilateral lower extremity radiculopathy.

The Board has remanded the cases due to insufficient medical opinion regarding whether the Veteran's service-connected bilateral shoulder disabilities have aggravated his bilateral upper extremity radiculopathy.

The Board has determined that the Veteran's service-connected conditions prevent him from securing and maintaining substantially gainful employment, thus granting his TDIU claim.

The Veteran's claims for increased ratings of chronic low back strain, left lower extremity radiculopathy, and PTSD have been denied due to failure to report for VA examinations.,The Veteran's claim for TDIU is also denied as it was dependent on the nature of underlying service-connected disabilities including the back, radiculopathy, and PTSD.

The Board has remanded the Veteran's claims for additional medical opinions to address his right upper extremity neurological disability and scars, as well as whether they are related to service-connected conditions.

The Veteran's service connection claims for a headache disorder, cognitive decline, cervical spine disability, and left upper extremity radiculopathy are granted. However, his claim for bilateral eye disorders is remanded.

The Veteran's ratings for right lower extremity radiculopathy and lumbar spine disability were improperly reduced, and the original ratings are restored.

The Board has granted service connection for the Veteran's neck and lower back disorders, finding that these conditions are related to his military service.

The Board has remanded the case due to issues related to effective dates for service connection of various conditions, including right and left upper extremity muscle weakness and peripheral neuropathy. The CUE claims have also been referred back to the AOJ.

The Veteran's appeal for increased ratings for right ankle disability prior to July 9, 2020 and since then is dismissed.,The Veteran's claim for a rating in excess of 10 percent prior to July 9, 2020 for right lower extremity radiculopathy was denied. A rating of 40 percent from July 9, 2020 for right lower extremity radiculopathy is granted.,The Veteran's claim for a rating of 40 percent for left lower extremity radiculopathy is granted.

The Veteran's bilateral upper extremity transverse myelitis and lower extremity peripheral neuropathy conditions have been granted increased ratings, with the right upper extremity receiving a 70% rating and the left upper extremity receiving a 60% rating. The Veteran's TDIU claim has also been remanded for further development.