Radiculopathy & sciatica decisions — 2023

The Veteran's insomnia disorder and adjustment disorder are rated at 30 percent effective February 12, 2015.,The Veteran's lumbar spine condition is not rated higher than 10 percent prior to September 19, 2022 and 20 percent thereafter.

The Veteran's service-connected conditions did not prevent him from securing and maintaining substantially gainful employment prior to June 7, 2013. Therefore, the Board denied an earlier effective date for TDIU.

The Board denied service connection for right arm, left hand, and right hand disabilities due to a lack of evidence linking these conditions to service or service-connected disabilities.,Specifically, the VA examiners found no causal relationship between the Veteran's current disabilities and her service-connected cervical spine disability.

The Veteran is granted a total rating based on individual unemployability due to service-connected disabilities, effective August 14, 2017. The decision finds that the Veteran's service-connected conditions render him unable to secure and follow a substantially gainful occupation.

The Board has dismissed the appeals for service connection for radiculopathy of the left and right lower extremities, as the appellant's representative withdrew the appeal prior to a decision being made.

The Veteran's claim for increased ratings was denied across multiple conditions, including lumbar spine disability and sciatic nerve radiculopathy.,No specific rating assigned as all claims were denied.

The Veteran's claims are being remanded due to the Regional Office not having issued a Statement of the Case for all issues on appeal. The Board is unable to proceed without this information.

The Board has denied the Veteran's claim for an initial compensable rating for bilateral hearing loss. The issues of service connection for low back disorder, neck disorder, nerve damage in the back, and bilateral lower extremity sciatica and nerve damage have been remanded due to inadequate medical opinions.

The Veteran's appeal is remanded for the adjudication of his claims regarding a higher rating for diabetes and a separate disability rating for bilateral retinopathy.

The Veteran's TDIU claim is remanded due to incomplete documentation of his Social Security Disability Insurance (SSDI) benefits, which may affect the determination of whether he qualifies for TDIU prior to September 7, 2021.

The Board has determined that a new VA examination is needed to assess the Veteran's need for aid and attendance due to his service-connected disabilities, as it has been over five years since the last examination.

The Board has granted restoration of the Veteran's ratings for lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy to their effective dates.

The Veteran withdrew her appeals for increased evaluations of her lumbar spine and radiculopathy conditions, resulting in the dismissal of these claims.

The Veteran was granted TDIU and SMC based on aid and attendance due to his service-connected disabilities.,Service connection for tinnitus was denied as the evidence did not support a link between the condition and active duty.

The Board has remanded the case due to a lack of relevant private treatment records from Scott & White, which may contain information pertinent to the Veteran's claim for a separate rating for left lower extremity radiculopathy prior to March 11, 2016.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, updated VA treatment records, and an addendum opinion regarding his ability to work.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, effective October 1, 2017. The Veteran's left tibia closed fracture residuals are not service-connected and thus do not warrant a rating.

The Board has decided to remand the claims for additional medical evaluation due to a worsening of the disabilities since the last examinations. The Veteran's right upper extremity disabilities need further assessment.

The Veteran's back disability is granted at a 40 percent rating, effective April 23, 2015 to May 31, 2015 and from March 29, 2018 to April 30, 2018. The ratings for left lower extremity radiculopathy of the sciatic nerve are denied prior to March 19, 2013 and from March 19, 2013 forward.

The Veteran's claims for unspecified depressive disorder, left knee disability (claimed as a left leg condition), and degenerative arthritis of the lumbar spine with lumbar radiculopathy have been reopened. Service connection is granted for these conditions.