Radiculopathy & sciatica decisions — 2023

The Veteran's low back disability is rated at 40 percent, effective as of the date of this decision.,Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathy.

The Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities rendered him unable to secure and follow substantially gainful employment from October 1, 2019, to November 3, 2019.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining and considering certain records, including SSA disability claim records and in-service hospital records. The Veteran is also required to undergo additional VA examinations to address his claims.

The Veteran has withdrawn all of his pending claims and appeals, including those related to bronchitis, dermatitis, tremors, chronic fatigue syndrome, right knee strain, low back strain, multiple scars on the left side of body, sinusitis with headaches, radiculopathy of the right lower extremity sciatic nerve, left shoulder rotator cuff tendonitis with degenerative arthritis, and irritable bowel syndrome.

The Veteran's claim for a higher rating for mild disc degeneration in multiple levels including L4/5 and L5/S1 was denied, as the evidence did not show that his disability warranted a rating in excess of 20 percent.,Prior to September 15, 2022, the Veteran's claim for a higher rating for right lower extremity radiculopathy (sciatic nerve) was denied. From September 15, 2022, his claim for a 40 percent disability rating was granted.,The Veteran was also granted entitlement to a total disability due to individual unemployability (TDIU).

The Board denied the Veteran's claims for service connection for left knee strain, right knee strain, LLE radiculopathy, and RLE radiculopathy as new and relevant evidence was not submitted.

The Veteran withdrew their appeal, and they were granted service connection for all the disabilities pending in this appeal.

The Board has granted service connection for a low back condition and bilateral lower extremity radiculopathy secondary to the service-connected low back condition, finding that the Veteran's current conditions are related to his military service.

The Board denied service connection for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as there was no evidence of in-service injury or disease related to these conditions. The Board also found that secondary service connection for radiculopathy could not be granted due to lack of a service-connected lumbar spine disability.

The Veteran's appeals for service connection and increased rating were dismissed as he withdrew his claims in writing before the Board made a decision.

The Board dismissed the appeals for reductions in evaluation, ratings for sciatic and femoral radiculopathy, and service connection for umbilical hernia and shaving condition.

The Veteran's left upper extremity radiculopathy was granted service connection as it began during active service.,Service connection for obstructive sleep apnea (OSA) is denied due to lack of current diagnosis and evidence in support.,Lumbar spinal stenosis, bilateral lower extremity radiculopathy, and arachnoid cyst of the brain are not granted as they occurred during a period where the Veteran was barred from VA benefits.,An initial rating in excess of 10 percent for bilateral tinnitus is denied due to already having the maximum schedular rating available.,Service connection for posttraumatic stress disorder (PTSD) is dismissed as it was severed effective December 29, 2014.

The Veteran was granted TDIU from April 1, 2017, through September 9, 2018.,As of September 10, 2018, the Veteran's combined disability rating reached 100%, making the issue moot and dismissed.

The Veteran's low back disability and right lower extremity radiculopathy were evaluated, with the majority of issues being remanded for further review.,Service connection was not granted for peripheral vestibular disorder or cervical spine degenerative arthritis.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his current conjunctivitis, bilateral otitis media, chronic fatigue, gastroenteritis, sciatica, and respiratory disability. The claims are being returned for further examination and opinion.

The Board has determined that remand is necessary to confirm the Veteran's precise dates of all periods of active duty service, ACDUTRA and INACDUTRA. The AOJ should also obtain and associate with the claims file any and all outstanding medical records from the Veteran's periods of ACDUTRA and/or INACDUTRA.

Service connection for a neck condition and right shoulder condition is denied.,The Veteran's tinnitus claim is granted, but the issue of service connection for bilateral ear condition to include bilateral hearing loss needs further examination.

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for increased ratings, service connection, and TDIU. The issues have been remanded.

The Veteran's hearing loss is currently rated as noncompensable, and the Board finds no evidence of a compensable rating throughout the appeal period.,For Crohn's Disease with hiatal hernia, the Veteran does not meet the criteria for a disability rating in excess of 10 percent prior to April 12, 2023 or 60 percent thereafter. The Board finds no evidence of severe impairment of health due to symptoms such as pain, vomiting, material weight loss, and hematemesis.,The Veteran's OSA is currently rated at 50 percent, but a remand is necessary for the VA examiner to assess whether his disability has worsened since his last examination over ten years ago.,For radiculopathy of the left lower extremity, the Veteran does not meet the criteria for a higher rating. A remand is necessary for the VA examiner to evaluate the current severity and nature of his symptoms.

The Veteran's claim for PCAFC benefits is being remanded due to unclear reasons and bases in the denial, as well as a need to clarify eligibility based on new legal criteria set by the Federal Circuit.