Radiculopathy & sciatica decisions — 2023

Service connection is granted for right ear sensorineural hearing loss, left ear sensorineural hearing loss, and tinnitus.,Service connection is denied for unspecified depressive disorder, right ankle degenerative arthritis, left ankle degenerative arthritis, right knee osteoarthritis status post total replacement, left knee osteoarthritis status post meniscal tear repair, right hip degenerative arthritis, left hip degenerative arthritis and femoral acetabular impingement syndrome, right wrist degenerative arthritis, left wrist degenerative arthritis, right shoulder acromioclavicular osteoarthritis and rotator cuff tear status post total replacement, left shoulder acromioclavicular osteoarthritis, right lateral epicondylitis, left lateral epicondylitis, neck pain, lumbar spine DJD, spinal stenosis, degenerative disc disease (DDD), lumbosacral strain, and radiculopathy.,Service connection is denied for coronary artery disease, atrial fibrillation, and hypertensive heart disease.

The Board has remanded the claims for service connection due to new evidence being added to the record since the last Statement of the Case.

The Board has remanded the Veteran's claims for right lower extremity radiculopathy, hypertension, and TDIU due to outstanding treatment records and the need for updated VA examinations.

The Veteran's claim for higher ratings for PTSD and back disability, as well as the grant of service connection for left lower extremity radiculopathy with a separate rating, was denied. The effective date for the service connection is set at October 20, 2017.

The Veteran's service-connected back disability and left sciatic nerve radiculopathy prevented him from securing or maintaining substantially gainful employment prior to March 2, 2017.

The reduction in the rating for right lower extremity radiculopathy from 40 percent to 10 percent, effective May 11, 2018, was improper and the 40 percent disability rating is restored.,Entitlement to service connection for a heart disability is remanded.

The Veteran's cervical spine, shoulder, hip, knee, and radicular conditions are related to her in-service injury. The Board finds the VA examiners' opinions inadequate as they did not consider the relevant STRs or lay evidence of record.,The Veteran contends that her current musculoskeletal pain and symptoms began in service and are also related to her service-connected lumbar spine condition.

The Veteran's OSA is being remanded for further examination and opinion regarding its etiology. The Veteran's peripheral neuropathy cases are also being remanded to clarify the nature of his disabilities and their severity.

The Veteran's claims for right ear hearing loss and bilateral lower extremity radiculopathy were granted. The remaining issues are remanded due to insufficient evidence.

The Veteran has withdrawn their appeals regarding the service connection for bilateral shin disability, a rating for lumbar strain with degenerative joint and disc disease, radiculopathy of the right lower extremity, right ankle strain, and left ankle strain. As such, these issues are dismissed.

The Board has found that the Veteran's claims for increased evaluations of his service-connected back disability and radiculopathy of the right lower extremity are remanded due to inadequate examination findings. A new examination is necessary to determine the severity of these conditions.

The Veteran's service-connected disabilities do not render him unemployable, as he can perform sedentary work with reasonable accommodations.

The Board denied the Veteran's claims for effective dates prior to April 17, 2018, for service connection of lumbosacral strain with intervertebral disc syndrome, LLE radiculopathy, and RLE radiculopathy.

The Board has granted service connection for cervical spine, lumbar spine, left knee, and left shoulder disabilities, as well as bilateral hip replacement. The Veteran's right upper extremity and lower extremity radiculopathies are also found to be related to his service-connected conditions.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the relationship between his lumbar disability and right knee disability, as well as his lower extremity radiculopathy.

The Board has remanded the claims for service connection due to a lack of a VA examination and medical opinion regarding the etiology of the Veteran's lumbar spine disability. The claims are inextricably intertwined with the claim for service connection for the underlying lumbar spine disability.

The Board has granted service connection for the Veteran's cervical spine/neck disability, bilateral upper extremity radiculopathy (including as secondary to the now service-connected cervical spine disability), headaches disability (including as secondary to the now service-connected cervical spine disability), left shoulder disability, right shoulder disability, left ankle disability, and left knee disability.

The Board has dismissed the Veteran's claims for earlier effective dates for service connection due to the nature of these claims as freestanding and not related to the initial grant of service connection.

The Veteran's claim for increased ratings for his service-connected back and knee disabilities was denied. The rating for degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and compression fractures of T8-T10, status post lumbar fusion is denied as it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes. Ratings for radiculopathy of the sciatic nerve in both lower extremities are granted at 40 percent. Ratings for left knee strain with limitation of flexion and right knee status-post operative torn meniscus (limitation of extension) are denied as they do not meet the criteria for higher ratings. The Veteran's painful scars of the right knee and posterior trunk are rated at 10 percent.

The Board denied an earlier effective date for a total disability rating based on individual unemployability (TDIU) because the Veteran did not have a pending claim for TDIU prior to September 14, 2014. The effective date remains September 14, 2014, as it is the earliest possible date due to service connection being established after that date.