Radiculopathy & sciatica decisions — 2023

The Board has granted a 30 percent evaluation for headaches, but the Veteran's service connection claims for other conditions are remanded due to inadequate VA medical opinions and failure to consider the ameliorative effects of medication.

The Board denied the Veteran's claim for service connection for disabilities of the bilateral lower extremities, finding that his current service-connected conditions (postoperative instability with limitation of motion, right knee; degenerative arthritis, left knee; restless leg syndrome with radiculopathy, right and left lower extremities) are the only disabilities of the bilateral lower extremities.

The Board denied the Veteran's claims for earlier effective dates for his service-connected left knee disability and left lower extremity radiculopathy, finding that there was no increase in severity within one year prior to December 11, 2018.,The evidence did not support an earlier effective date based on a worsening of the Veteran's conditions during the period on appeal.

The Veteran's back disability is rated at 40 percent from October 10, 2019. His left lower extremity radiculopathy is assigned an initial rating of 20 percent.

The Veteran's claims for increased ratings and effective dates have been dismissed.,The Veteran's service connection claims for upper back disability and left arm nerve damage have been granted.

The Board has remanded the Veteran's claims for service connection and rating determinations related to her bilateral foot disability, cervical spine degenerative disc disease, right shoulder impingement, and cervical radiculopathy of the right upper extremity due to incomplete or inadequate opinions in previous VA examinations.

The Board has determined that the previous remand instructions were not substantially complied with and further remand is necessary for additional development, including obtaining addendum opinions from a qualified clinician regarding the Veteran's lay statements about his back symptoms and bilateral radicular symptoms.

The Board has remanded the cases for additional examinations to address deficiencies in previous opinions and to ensure that all relevant evidence is considered.

The Veteran's claims for earlier effective dates for increased evaluations of his service-connected degenerative disc disease of the lumbar spine and left lower extremity radiculopathy are remanded due to the need for additional medical opinions regarding the severity of his conditions.

The Veteran's claim for a higher rating for left knee osteoarthritis was denied, but he received a TDIU effective from November 11, 2020.

The Veteran's appeal is remanded due to the need for a separate VA examination for nerve conditions and a retrospective medical opinion on the severity of his service-connected right lower extremity radiculopathy. Additionally, a new VA examination is needed to assess the current severity of his right lower extremity radiculopathy.

The Veteran's claim for increased evaluation of right knee chondromalacia patella with degenerative arthritis was granted, effective May 15, 2018.

The Veteran's claim for a higher rating for degenerative arthritis of the thoracolumbar spine and right lower extremity radiculopathy was denied. The Board found that the evidence did not support a rating in excess of 10 percent for either condition.

The Veteran is unable to obtain or maintain substantially gainful employment due to his service-connected disabilities, including knee and back conditions.

The Veteran's claims for increased disability ratings for left upper extremity radiculopathy and left leg lumbar radiculopathy have been remanded due to insufficient evidence. The Board found that the current ratings do not fully reflect the severity of his symptoms.

The Board has remanded several issues, including service connection for sleep apnea and chronic fatigue syndrome/fibromyalgia. The Veteran's TDIU claim is also being remanded.

The Board has remanded the issues of service connection for a bilateral hearing loss disability, increases in staged ratings for sacroiliac injury and weakness with intervertebral disc syndrome (back disability), a rating in excess of 20 percent for right lower extremity femoral nerve radiculopathy, and a rating in excess of 20 percent for right lower extremity sciatic nerve radiculopathy. The issues are also remanded to obtain additional medical records and provide the Veteran with another VA examination.

The Board has determined that more contemporaneous examinations are needed for the Veteran's service-connected PTSD with persistent depressed disorder and major depressive episode, lumbar spine disability, and left lower extremity radiculopathy. The issues of increased ratings for these conditions are being remanded.

The Board denied service connection for various conditions, including hearing loss and tinnitus, due to the lack of evidence showing an increase in disability during service. Service connection was not granted as the Veteran's preexisting hearing loss did not undergo any progression during his active duty.

The Board has denied service connection for a heart disability and remanded the remaining issues due to insufficient evidence. The Veteran's hip, rhinitis, foot conditions, and hypertension are all being evaluated further.