Radiculopathy & sciatica decisions — 2023

The Board has granted service connection for neck sprain with cervical radiculopathy, finding that the current disability is directly related to a neck injury sustained during service.

The Veteran's combined service-connected disabilities have precluded his substantial and gainful employment since December 28, 2011. The Board finds that the schedular criteria for a TDIU rating have been met.

The Board has granted service connection for right hip and leg disability including radiculopathy from service-connected lower spine disability, effective June 15, 2005.

The Veteran's right lower extremity radiculopathy is granted a 20 percent rating, effective November 20, 2008. The TDIU issue is also granted.

The Board has granted a TDIU from March 3, 2015 to June 6, 2022. The claim for an increased rating for left knee chondromalacia is remanded due to the lack of range of motion testing.

The Board granted service connection for sciatic nerve radiculopathy of the right lower extremity and bladder impairment (urinary frequency) as secondary to the appellant's service-connected lumbar spine disability. The effective date for these awards is set at January 8, 2013, for the right lower extremity and August 14, 2014, for the left lower extremity. A rating of 40% was assigned for the lumbar spine disability as of January 4, 2021.

The Board has remanded the Veteran's claims for service connection for cervical radiculopathy, left and right upper extremities, as well as his claim for a TDIU prior to August 22, 2020. The issues are being remanded due to lack of substantial compliance with previous remand directives.

The Board has determined that the Veteran does not have a current right shoulder disability, and thus cannot establish service connection for this condition.,Similarly, the Board found no evidence of a current right knee disability to support service connection. The Veteran's symptoms were noted in service but did not persist post-service.

The Veteran's radiculopathy and low back disorder are rated at separate 20 percent ratings. The Board has granted a 40 percent rating for each lower extremity, but has remanded the case to determine if a higher rating is warranted for his low back condition.

The Board has remanded the Veteran's claims for service connection and initial rating determinations due to a lack of VA examiners' CVs, as well as scheduling issues with previous examinations. The Veteran will be provided with new VA examinations.

The Veteran's PTSD with Persistent Depressive Disorder was denied an increased rating from June 4, 2015 to July 12, 2022.,The Veteran's PTSD with Persistent Depressive Disorder was denied an increased rating from July 12, 2022 forward.,The Veteran's Lumbosacral Strain with Degenerative Arthritis, Spondylosis, and Intervertebral Disc Syndrome (IVDS) was denied an increased rating from December 28, 2016 to September 9, 2022.,The Veteran's Left Lower Extremity Radiculopathy was denied an increased rating from September 9, 2022 forward.,The Veteran's Right Knee Meniscus Tear/Repair and Residual Osteoarthritis was denied an increased rating from November 1, 2013 to June 27, 2022.,The Veteran's Left Knee Meniscus Tear/Repair and Residual Osteoarthritis was denied an increased rating from November 1, 2013 forward.,The Veteran's Left Knee Symptomatic Residuals of Semilunar Cartilage Removal was denied an increased rating from September 9, 2022 forward.

The Board has granted the Veteran's requests to reopen his claims for service connection for a cervical spine disability, bilateral hearing loss, and right great toe disability. The cases are being remanded due to the submission of new evidence after the issuance of the Statement of the Case.

The Board has found that the matter must be remanded again for substantial compliance with the previous remand. The Veteran's VA Mountain Home Health Care records from November 2003 to October 2017 are missing, and an addendum medical opinion is needed regarding the right shoulder disorder.

The Veteran's appeal is remanded for additional examinations and opinions regarding her left knee condition, obstructive sleep apnea, and service connection claims.

The Board has decided to remand the case due to inadequate development and need for a new examination.

The Board has decided to remand the Veteran's claims for increased evaluations for his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, and major depressive disorder due to inadequate examination reports. The case will be returned to the Board after further development.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful occupation throughout the period on appeal, and he is granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.

The Veteran's claim for service connection for a lower jaw disability was denied. The Board found that the in-service dental procedure did not result in bone loss due to trauma or osteomyelitis, and thus, service connection could not be established.

The Board denied service connection for a lumbar spine disability, radiculopathy of the right and left lower extremities, and headaches (claimed as head injury).,Service connection was also denied for chronic fatigue, benign prostate hyperplasia (claimed as residuals of prostate cancer), erectile dysfunction, and sleep apnea. The Board found that there is insufficient evidence to establish a nexus between these conditions and the Veteran's period of service.,The Board remanded the cases for further development regarding service connection for a left ankle disability.

The Veteran's service-connected lumbar spine disability and related conditions have rendered him unable to secure or follow a substantially gainful occupation prior to November 1, 2019. The Board has referred the issue of TDIU prior to this date for extraschedular consideration.