Radiculopathy & sciatica decisions — 2023

The Veteran's claim for service connection for sleep apnea is granted. The Board finds that the evidence supports the claim and entitlement to service connection for sleep apnea is warranted.

The Veteran is granted a 40 percent rating for spondylosis of the thoracolumbar spine prior to May 10, 2023.,A higher rating for spondylosis of the thoracolumbar spine from May 10, 2023, and left lower extremity radiculopathy is denied.,The Veteran's LLE radiculopathy is granted a 20 percent rating from May 1, 2017 to August 16, 2022.,A higher rating for LLE radiculopathy from August 17, 2022, is denied.

The Veteran's claims for increased ratings are remanded due to inadequate VA examinations and the need for new evaluations of his right shoulder, cervical spine, and radiculopathy conditions.

The Board has remanded the Veteran's claims for radiculopathy of the right and left lower extremities, as well as his claim for service connection for erectile dysfunction. The TDIU claim is also remanded.

The Veteran's appeals for service connection and increased evaluations have been withdrawn by her authorized representative.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the promulgation of a decision.

The Veteran's radiculopathy of the left lower extremity is granted an initial disability rating of 40 percent, effective July 2, 2015. The appeal for a higher rating remains pending.

The Veteran's right lower extremity radiculopathy has been granted a 40 percent rating, but his left lower extremity radiculopathy and back disability ratings remain remanded for further evaluation. The SMC claim is also remanded.

The Veteran's lumbar spine disability, including degenerative arthritis of the spine and DDD of the thoracolumbar and cervical spine with sensory neuropathy and radiculopathy (claimed as nerve disorder/neurological signs and symptoms), is presumed to have existed prior to service. The Board found no clear and unmistakable evidence that any increase in severity occurred during service, thus denying service connection.

The Veteran's appeal for increased evaluations of her service-connected radiculopathy and migraine headaches is remanded due to ambiguity in the medical evidence regarding physical manifestations and their impact on disability ratings.

The Board has remanded the cases for additional medical opinions regarding whether the Veteran's current DDD and lumbar spine arthritis, as well as bilateral lower extremity radiculopathy, are proximately caused or aggravated by his service-connected testicular cancer.

The Veteran's service-connected disabilities did not meet the schedular percentage standards set forth for a TDIU prior to April 12, 2017. The Board found that he was not limited in the types of work he could perform due to his service-connected conditions and thus denied the claim.

The Board has remanded the Veteran's claims for increased ratings for bilateral lower extremity radiculopathy and a TDIU due to insufficient explanation of the rating criteria used, as well as incomplete medical records. The Veteran is required to provide updated VA treatment records and complete an Application for Increased Compensation Based on Unemployability (VA Form 21-8940).

The Board dismissed the appeal because the RO had already granted service connection for a right hand disability, which was diagnosed as carpal tunnel syndrome.

The reduction in rating from 20 percent to 10 percent for left lower extremity radiculopathy was improper and the 20 percent rating is restored. The Board also found that new examinations are needed to assess the current severity of right and left lower extremity radiculopathy.

The Veteran's claims for service connection for left lower extremity radiculopathy and increased ratings for cervical spine disability and migraine headaches are granted. The Veteran is also remanded for further development regarding his cervical spine disability rating, effective date claim, and migraine headaches.

The Board has remanded the Veteran's claims for service connection for a low back disability and bilateral lower extremity radiculopathy due to inadequate rationale in the previous VA opinion.

The Board has remanded the cases for further examination and opinion regarding the Veteran's service-connected lumbar strain and left lower extremity radiculopathy. The hearing loss claim is denied as there is no current diagnosis of hearing loss in either ear.

The Veteran's appeal for an increased rating for left lower extremity radiculopathy is dismissed. The Board grants a 40 percent initial rating for right lower extremity radiculopathy from October 9, 2009, and TDIU from the same date.