Radiculopathy & sciatica decisions — 2023

The Veteran's service connection claim for chronic sinusitis and allergic rhinitis is granted.,Other claims are remanded for further development.

The Veteran's claim for service connection for diabetes mellitus, type II was reopened and granted. Service connection was also granted for right lower extremity radiculopathy and left lower extremity radiculopathy.,The Veteran's claims for a higher rating for sinusitis/rhinitis, hypertension, left ear hearing loss, and lumbar strain are being remanded for further evaluation.

The Veteran's service-connected back disability and radiculopathy of the bilateral lower extremities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's radiculopathy of the right lower extremity and cervical spine disability have been granted, but his request for a higher rating for degenerative arthritis, right knee has been denied. Separate ratings for right knee instability are granted, but he is still seeking an earlier effective date.

The Board has remanded several issues for further development and examination, including service connection claims for various conditions. The Veteran's claim for refractive error is denied as it is a congenital disorder not subject to service connection. Service connection for tuberculosis exposure is also denied due to lack of current disability. Other claims are pending.

The Board denied service connection for various conditions, finding the character of discharge due to willful and persistent misconduct constitutes a bar to VA benefits.

The Board has dismissed the Veteran's claims of service connection for various conditions, including migraine headaches, degenerative disc disease of the lumbar spine, obstructive sleep apnea, radiculopathy of the sciatic and femoral nerves of the left lower extremity, eczema, and chronic fatigue syndrome. The Veteran was granted service connection for migraine headaches.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, but the increased evaluation for left lower extremity radiculopathy is denied.

The Veteran's back disability resulted in limited forward flexion of less than 30 degrees from February 14, 2014, to November 15, 2015, and January 1, 2016, to August 31, 2021.,From May 24, 2013, to February 13, 2014, and as of September 1, 2021, the Veteran's back disability did not meet criteria for a higher rating due to lack of unfavorable ankylosis or IVDS with incapacitating episodes.

The Board has remanded the claims due to insufficient medical opinions regarding the Veteran's lumbar strain and radiculopathy of the lower extremities.

The Board has granted the Veteran's petitions to readjudicate his claims for service connection for thoracolumbar degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence received is both new and relevant, and thus the appeals are granted.

The Board has granted the Veteran's petitions to readjudicate his claims for service connection for thoracolumbar degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence received is considered new and relevant, warranting a readjudication of these claims.

The Board has dismissed the appeals for ratings in excess of 10 percent for peripheral neuropathy, left and right lower extremities (sciatic and femoral nerves), due to the appellant's withdrawal of these issues.

The Veteran's claim for bilateral hearing loss is denied as there is no current disability.,Tinnitus has been granted service connection, with the Board resolving doubt in favor of the Veteran.,For tinea versicolor and pseudofolliculitis barbae, a rating in excess of 10 percent is not warranted due to lack of evidence showing more than 20% body or exposed area affected.,The Veteran's low back disorder, left lower extremity sciatica, right lower extremity sciatica, erectile dysfunction, left carpal tunnel syndrome, and right carpal tunnel syndrome are all remanded for further development as VA examinations may be necessary to determine the nature and etiology of these conditions.,Chronic sinusitis and headaches have been remanded due to lack of evidence showing current disability or in-service event.

The Board has granted service connection for a low back disorder and left lower extremity radiculopathy, finding that the Veteran's current conditions are related to his military service.

The Board has decided to remand the case due to new evidence being added since the last decision, and the Veteran's request for AOJ review of this evidence.

The Veteran's ratings for thoracolumbar spine degenerative arthritis with intervertebral disc syndrome and left lower extremity radiculopathy are restored to their effective dates. The Veteran is also remanded for a VA examination to determine the current severity of his service-connected disabilities, including whether he has right lower extremity radiculopathy.

Service connection for PTSD is granted. Increased ratings are granted for IVDS with degenerative arthritis and vertebral fracture with bilateral thoracic radiculopathy of the ventral and dorsal ramus nerves, right lower extremity sciatic radiculopathy, left lower extremity sciatic radiculopathy, and left ankle pilon fracture residuals.

The Veteran's appeal for increased disability ratings and service connection for lumbar spine degenerative disc disease, right lower extremity radiculopathy, and a heart condition is remanded due to inconsistencies in the examination reports and need for further development regarding exposure to toxic environmental risks.

The Board has remanded the claims for service connection and rating of radiculopathy, as well as for migraines secondary to tinnitus. Additional evidence was added since the last decision in December 2019.