Radiculopathy & sciatica decisions — 2023

The Veteran's claim for service connection for a cervical strain is denied as there is no evidence of an in-service injury or disease and the medical opinion does not support a direct relationship to service.,Service connection for spondylosis of the lumbar spine, radiculopathy of the right lower extremity (sciatic nerve), left knee osteoarthritis with osteophyte formation, right knee chondromalacia with degenerative changes, and right hip strain with limitation of extension are all denied as there is no evidence of an in-service injury or disease and the medical opinion does not support a direct relationship to service.

The Veteran's appeal has been dismissed as the Veteran and his representative have withdrawn their appeal of the issues regarding an initial increased rating for radiculopathy, femoral nerve, right lower extremity in excess of 10 percent prior to December 11, 2018, and the propriety of the reduction from 10 percent to a noncompensable evaluation effective from December 11, 2018.

The Board denied the Veteran's claims for increased ratings for right lumbar radiculopathy and lumbar spine scar, finding that the evidence did not support a higher rating than what is currently assigned.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that the available evidence of record indicates that the Veteran is currently employed in a substantial and gainful position.

The Board has granted the Veteran's claim for service connection for right-sided sciatica, finding that it is secondary to his service-connected degenerative arthritis of the lumbar spine.

The Board has remanded the cases for further development due to incomplete records and need for new examinations.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and hearing loss, have rendered him unable to secure or follow a substantially gainful occupation as of June 1, 2018.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since July 23, 2019. The Board has granted a TDIU effective from that date.

The Board has remanded the Veteran's claims for increased ratings for radiculopathy of both lower extremities due to unresolved medical questions regarding nerve impairment.

The Veteran's right and left lower extremity femoral nerve neuritis, to include radiculopathy, are now rated at 30 percent. The separate evaluations for right and left lower extremity sciatic nerve neuritis, to include radiculopathy, are also granted.

The Board has remanded the claims for radiculopathy, left lower extremity, due to a lack of compliance with previous remand instructions regarding obtaining private treatment records.

The Veteran's TDIU and Dependents' Educational Assistance benefits have been granted with the earliest possible effective dates, and no further issues remain for appeal.

The Board has remanded the Veteran's claims for service connection due to incomplete records and requests for additional development.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities prior to November 9, 2022.

The Board denied the Veteran's claims for earlier effective dates for service connection of cervical spine degenerative arthritis and bilateral upper extremity radiculopathy disabilities, finding that the earliest claim was filed on September 27, 2018.

The Board has determined that the Veteran's sleep disorder, lumbar spine strain, radiculopathy of the lower extremities, left and right knee strains, migraine headaches, other residuals of TBI, and other specified trauma and/or stressor-related disorder may be related to his service in Southwest Asia or secondary to a service-connected disability. The Board has also noted that the Veteran's employment history needs to be verified for the TDIU claim.

The Veteran's service-connected disabilities, including OSA, lumbar degenerative disc disease, carpal tunnel syndrome, and anxiety disorder, have rendered him unable to secure or follow substantially gainful employment consistent with his education and experience.

The Veteran's right leg disability is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has an additional hip disability and whether it was caused by carelessness, negligence, lack of proper skill or similar incidence on the fault of VA.,The Veteran's LBBB is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has ischemic heart disease and whether it was caused by herbicide exposure or right leg disability.,The Veteran's RLE radiculopathy is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has ischemic heart disease and whether it was caused by herbicide exposure or right leg disability.,The Veteran's LLE radiculopathy is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran has ischemic heart disease and whether it was caused by herbicide exposure or right leg disability.,The Veteran's LBBB is being remanded due to a duty to assist error in the August 2020 medical opinion. The Board will request an updated VA medical opinion to determine if the Veteran's LBBB is aggravated by his service-connected right leg disability.

The Veteran's service-connected conditions do not meet the criteria for eligibility for specially adapted housing (SAH) or a special home adaptation (SHA) grant due to insufficient anatomical loss, blindness, burns, or other qualifying disabilities.

The Board dismissed all claims due to the Veteran's death and because the appeal was not perfected under the modernized review system (AMA).