Radiculopathy & sciatica decisions — 2023

The Veteran's appeal includes multiple issues related to his service-connected conditions, including hypertension, PTSD with cognitive disorder, sinusitis, knee disorders, allergic rhinitis, cerebral infarction residuals secondary to moyamoya disease, and right upper extremity disabilities. The Board has determined that additional development is needed for these claims.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining private treatment records and scheduling VA examinations to assess his service-connected conditions.

The Board has remanded the case for further development and consideration of whether the Veteran is entitled to a total rating based on individual unemployability (TDIU) due to his service-connected disabilities. The issue will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance, but she is eligible for a certificate of eligibility for financial assistance in acquiring specially adapted housing.

The Board has remanded the Veteran's claims for increased ratings due to insufficient attempts by the AOJ to contact him and schedule examinations. The AOJ is instructed to attempt contacting the Veteran via phone or written communication, reschedule examinations if possible, and provide a rationale for any delays.

The Veteran's right hip arthritis and left knee instability are denied higher ratings. A separate 20 percent rating is granted for the left knee meniscal tear.,Service connection for a right knee disorder on secondary basis is remanded, and an effective date prior to August 12, 2018 for the award of a separate rating for left knee instability is denied.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his active service. The decision does not provide a specific rating or effective date.

The Board has granted service connection for obstructive sleep apnea, finding that it is proximately due to or the result of service-connected disorders. The earlier effective dates for various conditions have been remanded.

The Veteran's claims for service connection for right-sided and left-sided sciatica are remanded due to the need for additional medical examinations. The Veteran also seeks a higher rating for her lumbar spine disability, which is also being remanded.

The Board has remanded the Veteran's claims for higher ratings for low back disability, neck disability, and left upper extremity radiculopathy due to insufficient consideration of functional loss and medication effects. The TDIU claim prior to October 29, 2014, is also inextricably intertwined with these issues.

The Veteran's claims for increased ratings of intervertebral disc syndrome, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied due to the Veteran failing to report for necessary VA examinations without showing of good cause.

The Veteran's claims for increased ratings and service connection were denied. The decision also noted that the appeal period began on August 25, 2015.

The Veteran's service-connected disabilities rendered him unable to tend to basic functions of self-care and required the regular aid and attendance of another individual, leading to a grant of SMC based on aid and attendance. The issue of entitlement to SMC at the housebound rate is moot due to the inclusion of this benefit.

The Veteran's appeals for increased ratings and effective dates are being dismissed due to the Veteran's attorney withdrawing their appeal.,The Veteran's appeals for increased ratings on multiple cervical spine disabilities, right upper extremity radiculopathy, and left shoulder strain residuals are being remanded.

The Board has determined that the Veteran's appeals for increased ratings and service connection are inextricably intertwined due to incomplete records of his periods of active duty, ACDUTRA, and INACDUTRA. The appeals have been REMANDED for further action.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional VA examinations.

The appeal of an entitlement to service connection for vision defect is dismissed.,The appeals of the earlier effective date and increased rating for RUE radiculopathy with cubital tunnel syndrome are dismissed.,The appeals of the right leg weakness and right shoulder condition are remanded.

The Veteran's claim for an increased level of special monthly compensation (SMC) is denied as he does not meet the criteria for SMC at the rate specified under 38 U.S.C. § 1114(r). The Veteran was previously granted SMC based on his need for regular aid and attendance due to multiple service-connected disabilities.

The Veteran's service connection claims for tinnitus, a cervical spine disorder, and radiculopathy of the right upper extremity have been granted. The claims are based on new evidence submitted since previous denials.

The Veteran's Chiari malformation, migraine headaches, dizziness and vertigo, bilateral lower extremity sciatica-like paresthesias (claimed as sciatica), right bundle branch block, and right-hand arthritis are all granted service connection.