Radiculopathy & sciatica decisions — 2023

The Board has remanded the case due to incomplete medical records and the need for further examinations to clarify the relationship between the Veteran's cervical polyps and her claimed disabilities.

The Board has remanded the Veteran's claims for service connection due to outstanding medical records and additional opinions are needed.

The Board has granted service connection for a low back disability, headaches, and right lower extremity radiculopathy as secondary to the Veteran's low back disability. The claims are based on direct evidence of in-service injury and continuity of symptomatology.

The Board has granted initial 20 percent ratings, but not higher, for right and left lower extremity radiculopathy throughout the appeal period.

The Veteran's right lower extremity radiculopathy is currently rated as 10 percent disabling, and the claim for a higher rating is denied.,The Veteran's left lower extremity radiculopathy is currently rated as 20 percent disabling, and the claim for a higher rating is denied.

The Board denied earlier effective dates for the grants of service connection for Dercum's disease affecting various nerves in the Veteran's lower and upper extremities, as well as his right and left upper extremities. The effective date assigned is March 3, 2014.

The Veteran's claim for a TDIU was denied because he failed to provide the necessary information regarding his employment and educational history, which is critical to supporting his claim.

The Veteran's appeals for service connection of a right shoulder disability, temporary 100% evaluation for lumbar spine with radiculopathy, and residuals of inguinal hernia surgery have been dismissed.

The Board has decided to remand the cases for a VA examination and opinion regarding the Veteran's claimed left and right lower extremity radiculopathy, as there is insufficient competent evidence of record to make a decision.

The Veteran's service connection claims for basal cell carcinoma, a low back disability, and right lower extremity radiculopathy as secondary to the low back disability have all been granted.,The Board found that the Veteran's BCC began in service, his low back disability was related to an in-service injury, and his right lower extremity radiculopathy is secondary to his low back disability.

The Board has remanded the case for further development and examination, including to consider the ameliorative effects of medications on the Veteran's service-connected disabilities and to determine whether an effective date earlier than June 5, 2013 is warranted for the grant of service connection for radiculopathy of the right lower extremity.

The Veteran's service-connected disabilities, including back pain, hearing loss, and tinnitus, have prevented him from securing or maintaining substantially gainful employment since September 4, 2014. The Board has granted a TDIU on an extraschedular basis.

The Board has granted an initial rating of 100 percent for Meniere's Syndrome, but denied effective dates prior to January 1, 2008 for the grants of service connection for low back disability, right hip disability, and left lower extremity sciatic neuropathy.

The claims for service connection for right ear hearing loss, low back condition, lower extremity radiculopathy, otitis, and hiatal hernia were denied due to lack of evidence linking these conditions to service.,New evidence received since the previous decisions related to sleep apnea, rhinitis, and sinusitis has been found material as it supports a link between these conditions and service.

The Veteran is granted SMC based on the need for regular aid and attendance due to his service-connected disabilities, including depression and other conditions. The effective date of this decision is August 28, 2023.

The Board has granted service connection for back arthritis and bilateral knee arthritis, finding that the Veteran's current conditions are at least as likely as not related to his periods of active duty service.

The Board has remanded several issues related to the Veteran's service-connected conditions, including higher ratings for knee conditions and radiculopathy, as well as a certificate of eligibility for an automobile allowance. The AOJ is directed to obtain pertinent medical records and schedule examinations to address the severity of these conditions.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment during the period from September 22, 2009, to prior to December 16, 2017. Therefore, entitlement to a total disability rating based on individual unemployability is granted for this period.

The Board has decided to remand the Veteran's claims for lumbar spine disability and left leg disability, including radiculopathy due to incomplete military records and lack of supporting evidence. The Veteran is asked to provide additional lay statements and private treatment records.

The Veteran's initial claim for a low back disability was denied in 1984 and again in 1984. He applied again in 2003, which was also denied. The effective date of service connection for his low back disability is set at July 11, 2008.