Radiculopathy & sciatica decisions — 2023

The Board has denied an initial rating higher than 10 percent for tinnitus. The Veteran's claims for service connection of left ear hearing loss, degenerative disc disease of the lumbar spine with radiculopathy, and a cervical spine condition are remanded due to insufficient evidence.

The Board has remanded the case for a new medical opinion to determine if the Veteran's cervical spine disability is related to service, including his in-service motorcycle accident. The current opinion was inadequate as it relied on speculation.

The Board has granted service connection for tinnitus. The cases of bilateral hearing loss, chronic headaches, low back pain, lower left and right extremity radiculopathy, and a cervical spine disability are remanded due to the need for additional medical examinations and opinions.

The Veteran's left knee disability, radiculopathy (sciatic nerve) in both lower extremities, and radiculopathy (femoral nerve) in the right and left lower extremities have been granted service connection. Increased ratings of 40 percent for radiculopathy (sciatic nerve), right and left lower extremities, are granted prior to February 7, 2023.

The Board has remanded the Veteran's claims for service connection for back injury residuals and right leg radiculopathy due to a lack of complete service treatment records, particularly from his time in boot camp. The Veteran asserts he injured his back during basic training in 1979.

The Board has dismissed all appeals regarding effective dates and ratings for the Veteran's sciatic radiculopathy and acquired psychiatric disability due to his withdrawal of the appeal.

The Board has remanded the Veteran's claims for service connection and rating of his disabilities due to incomplete VA examinations, lack of proper notice, and need for further medical opinions.

The Veteran's claims for increased ratings for PTSD and right lower extremity radiculopathy, as well as his claim for TDIU, are being remanded due to the need for additional development of his employment history and a VA examination.

The Board has determined that the Veteran's current sciatic nerve impairment of the right lower extremity did not begin during active service or is not related to an in-service injury, event, or disease. The claim for service connection is therefore denied.

The Board has granted service connection for thoracolumbar spine and cervical spine disabilities, as well as tinnitus. Service connection was also granted for hypertrophic calluses of the left foot and right foot.,Service connection was denied for sinusitis and bilateral hearing loss.

The Board has remanded the cases for further development due to a need for medical opinions regarding when the Veteran's upper extremity radiculopathy first manifested and whether it is associated with his service-connected neck disability.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not prevent him from obtaining or maintaining gainful employment.

The Veteran's increased ratings for radiculopathy of the right and left lower extremities were granted, but his claim for an increased rating for mechanical back strain with degenerative joint and disc disease (intervertebral disc syndrome) claimed as spinal stenosis and neoforminal narrowing in excess of 20 percent was denied due to failure to report for VA examinations.

The Veteran's cervical strain and upper extremity radiculopathy are being granted increased ratings, but the maximum available benefit has not been assigned.,Service connection for sleep apnea is remanded due to inadequate medical opinion provided in previous examinations.,Service connection for hypothyroidism is also remanded due to inadequate medical opinion provided in previous examinations.

The Veteran's initial rating for radiculopathy of the left upper extremity prior to February 22, 2022 was denied.,An increased rating in excess of 40 percent for radiculopathy of the left upper extremity from February 22, 2022 is also denied.

The Board denied a higher disability rating for the Veteran's bilateral lower extremity radiculopathy, finding that his symptoms prior to November 18, 2017 did not meet the criteria for a higher than 10 percent rating.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the criteria for higher ratings were not met, except for a March 29, 2013 effective date for service connection of right lower extremity radiculopathy.

The Board denied entitlement to increased ratings for service-connected left and right lower extremity radiculopathy, finding that the evidence did not support a higher rating under the applicable diagnostic codes.

The Veteran's appeals for fibromyalgia and left lower extremity radiculopathy have been dismissed due to the Veteran withdrawing his appeal.

The Veteran's claim for an earlier effective date of March 4, 2009 for the award of service connection for right upper extremity radiculopathy has been granted. The Board also found that entitlement to a higher initial evaluation and SMC based on aid and attendance is warranted.