Radiculopathy & sciatica decisions — 2023

The Board has remanded several claims for further development, including a VA examination to assess the current severity of service-connected disabilities and determine appropriate ratings. The Veteran's TDIU claim is also being remanded due to its inextricability with other claims.

The Board has remanded the claims for updated VA examinations to determine the current severity of the Veteran's thoracolumbar spine disorder and bilateral lower extremity sciatic nerve radiculopathy.

The Board has remanded the Veteran's claims for increased ratings for radiculopathy of both upper extremities and for an earlier effective date for Dependents' Educational Assistance (DEA) prior to June 18, 2018. The Veteran is also scheduled for a VA examination to assess his current radiculopathy condition.

The Veteran's claims for increased ratings for lumbar spine strain and migraine headaches have been denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's cervical and lumbar spine disabilities, as well as bilateral upper and lower extremity radiculopathies, are granted. The Veteran's right shoulder disability and right knee disability remain in dispute.

The Veteran's thoracolumbar degenerative disc disease is rated at 40 percent since December 22, 2015. The initial ratings for left and right lower extremity radiculopathy are granted at 10 percent and 20 percent respectively, effective November 6, 2008.

The Veteran's back disability and related radiculopathies were granted a 40 percent rating from May 20, 2019 to December 29, 2020. The TDIU status was also granted during this period.

The Veteran's service-connected disabilities, including asbestosis, asthma, COPD, lumbar spine degenerative arthritis, radiculopathy, and bilateral hearing loss, have prevented him from securing or following a substantially gainful occupation since March 2005. The Board has granted an extraschedular TDIU for the period from March 22, 2005 to April 22, 2019.

The Veteran's appeals for increased ratings and service connection have been dismissed due to her withdrawal of the appeals.

The Veteran's claims for sciatica of the left and right lower extremities, as well as his cervical spine disability, headache disability, shoulder disabilities, joint pain, and sleep apnea are all remanded due to insufficient medical opinions.,The Board cannot make a fully informed decision on these claims without additional medical opinions addressing the etiology of the Veteran's conditions.

The Board has remanded the case for an addendum opinion to address the Veteran's lay statements regarding the progression of his back pain since injury in service as well as the service treatment records showing complaints, treatment, and assessment for back pain.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and consideration of new evidence. The TDIU claim is also being remanded.

The Board denied the Veteran's claim for service connection for left lower extremity radiculopathy, finding no current disability related to the left lower extremity manifesting by sensory symptomatology.

The Board has remanded the Veteran's claims for further development due to incomplete employment history and a need for an examination to assess his service-connected back condition and radiculopathy.

The Board has remanded the claims for character of discharge, service connection for an acquired psychiatric disorder (including PTSD), right lower extremity radiculopathy, and hearing loss disability due to potential issues with the appellant's discharge from service.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, leading to a grant of special monthly compensation based on aid and attendance.

The Veteran's claims for increased ratings for his back, neck, and right knee disabilities are being remanded due to inadequate VA examinations. The VA must obtain updated medical opinions addressing the severity of these conditions without the ameliorative effects of medication.

The Veteran's petition to reopen his claim for service connection of a right knee disability is granted. Service connection for right knee meniscal tear with osteoarthritis is also granted, but the issues of service connection for left and right lower extremity sciatica are remanded due to insufficient evidence.

The Veteran's bilateral lower extremity radiculopathy has been rated at 20 percent since August 6, 2020. The Board found that the evidence did not support a higher rating.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding causation and aggravation of his claimed conditions by his service-connected right elbow disability. Additional VA examinations are needed, and relevant SSA records should be obtained.