Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims due to the need for additional VA treatment records.

The Veteran's claim for an effective date earlier than September 20, 2017, for the grant of service connection for tinnitus is denied.,The Veteran's claim for a disability rating in excess of 10 percent for tinnitus is denied. The maximum schedular rating authorized under Diagnostic Code 6260 has already been assigned.

The Veteran's appeals for increased ratings and effective dates have been dismissed. The Board also found that the Veteran is entitled to a TDIU from November 18, 2015 through January 24, 2017 due to his service-connected PTSD and major depressive disorder with secondary alcohol abuse.

The Veteran's claims for service connection have been reopened, but the Board has not yet determined whether they are well-grounded or entitled to service connection. The appeals for increased ratings and other issues remain pending.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for further review of submitted evidence.

The Board has granted the veteran's TDIU claim since November 20, 2008. The case is remanded for consideration of a TDIU on an extraschedular basis prior to November 20, 2008.

The Veteran's service-connected disabilities prevent him from securing and following any substantially gainful occupation, thus meeting the criteria for a TDIU.

The Veteran's appeal is remanded for further development to include new VA examinations and opinions regarding his service-connected disabilities, including a lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, acquired psychiatric disorder (depression), and erectile dysfunction. The issues of entitlement to increased ratings and service connection are inextricably intertwined with the TDIU claim.

The Board has remanded the cases for further development and examination to determine if the Veteran's left iliotibial band condition is related to her service-connected intervertebral disc syndrome and/or right lower extremity radiculopathy, as well as to assess the severity of her intervertebral disc syndrome and right lower extremity radiculopathy.

The Veteran's claims for increased ratings for lumbar spine disability and radiculopathy of the left and right lower extremities are being remanded due to a lack of recent VA examination.

Service connection for tinnitus is granted.,The rating reduction for right lower extremity radiculopathy from 40 to 20 percent was not proper, and the 40 percent rating is restored effective June 11, 2016.,For the appeal period from March 1, 2016 to June 11, 2016, a higher than 20% rating for left lower extremity radiculopathy affecting the sciatic nerve is denied.,A higher than 20% rating for left lower extremity radiculopathy affecting the femoral nerve is remanded.,A higher than 40% rating for right lower extremity radiculopathy affecting the sciatic nerve is remanded.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability. The issues of increased ratings for the lumbar spine disability, GERD, and hypopigmented lesions are remanded.

The Veteran's claim for an increased rating for his right lower extremity sciatic nerve radiculopathy is being remanded due to the need for clarification on the date of onset of his piriformis syndrome.

The Board has dismissed the appeals for increased ratings for degenerative joint disease of the lumbar spine and right leg radiculopathy due to the Veteran's death.

The Veteran's appeal for increased disability ratings and SMC is being remanded due to the need for additional examinations and development of the record.

The Board has remanded the Veteran's claims for higher ratings due to insufficient compliance with prior remand instructions and the need for an addendum medical opinion regarding flare-ups of his IVDS.

The Board denied service connection for left hip disability and right upper extremity radiculopathy due to the Veteran's failure to report for scheduled examinations, resulting in a denial based on lack of competent evidence relating these conditions to service or service-connected disabilities.

The Board has remanded the Veteran's claims for higher ratings due to deficiencies in VA examinations and incomplete medical records. The case will be returned for further development.

The Veteran's right lower extremity radiculopathy of the sciatic nerve is granted a 40 percent disability rating, effective for the entire period on appeal. A separate 20 percent disability rating for right lower extremity radiculopathy of the femoral nerve associated with degenerative disc disease with mechanical back pain, thoracolumbar spine, is also granted starting November 22, 2021.

The Board denied service connection for a right hand disability other than cervical radiculopathy of the right upper extremity.,The Board also denied entitlement to a compensable rating for bilateral hearing loss.