Radiculopathy & sciatica decisions — 2023

The combined effects of the Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment during the appeal period prior to August 7, 2013.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations.

The Veteran withdrew his appeals for increased ratings in excess of 40 percent for right upper extremity radiculopathy, in excess of 30 percent for left upper extremity radiculopathy, and in excess of 20 percent for a cervical spine disability.

The Board has remanded the cases due to a lack of private treatment records that may indicate when the Veteran's hip and upper extremity radiculopathy disabilities first arose. The effective dates for service connection will be determined based on these records.

The Veteran's appeals for higher initial ratings on his sciatic radiculopathy and femoral radiculopathy, as well as TDIU prior to March 30, 2019, have been dismissed due to the Veteran's death during the appeal process.

The Veteran's claims for increased evaluations of his service-connected lumbar spine and bilateral lower extremity radiculopathy conditions are being remanded due to the need for additional development.

The Board has granted service connection for post-traumatic osteoarthritis of spine and IVDS with right-sided radiculopathy, finding that the Veteran's current back disabilities are at least as likely as not related to his in-service injuries.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, as his combined disability rating is at least 80 percent.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to August 13, 2012, as further development is needed to determine if the Veteran was unable to engage in substantially gainful employment due to his service-connected conditions.

The Veteran's tinnitus was granted service connection as it is presumed to have been incurred during active duty.,VA examinations were not provided for the Veteran's hip, low back, and knee disabilities. The Veteran also needs a VA examination for his PTSD.

The Veteran's appeal for increased ratings for PTSD, right and left shoulder radiculopathy was dismissed as the Veteran opted into the modernized appeals process under the AMA.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another person or being housebound due to her service-connected conditions has been remanded. The VA failed to provide adequate notice regarding the scheduled VA examination, which resulted in a denial of the claim. The Board is now required to ensure that proper notification was provided and that the Veteran's address is correctly recorded.

The Board has remanded the Veteran's claims for increased ratings for right and left lower extremity radiculopathy due to outstanding treatment records not being associated with the claims file.

The Veteran's service-connected conditions do not preclude her from securing and maintaining substantially gainful employment, and the criteria for a TDIU are therefore denied. The initial rating for POTS is also denied.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed. The Board has also remanded the issues of entitlement to higher ratings, service connection for erectile dysfunction and bowel impairment, and a TDIU.

The Board has determined that further development is needed for the Veteran's claims of increased ratings for lumbar spine disability, left and right lower extremity radiculopathy. The case will be remanded to obtain updated VA treatment records, conduct orthopedic and neurological examinations, and readjudicate the claims.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed conditions, including breathing disorder, back disorder, headaches, acquired psychiatric disorder, bilateral knee disorder, heart disorder, painful joints, bilateral ankle disorder, bilateral wrist carpal tunnel syndrome, hypertension, obesity, vision disorder, intestinal disorder, and sleep apnea. The Board also notes that no presumptive service connection is being considered for any of the conditions.

The Veteran's claims for service connection and increased ratings were denied. The decision also remanded several issues, including those related to the left knee, right ankle, left ankle, and aggravation of existing conditions.

The Veteran's initial claim for a higher rating for migraines including migraine variants with atypical migraines has been denied. The disability is currently rated as 50 percent, but the Veteran seeks an increase.

The Board denied service connection for cervical degenerative disc disease and degenerative joint disease (DDD/DJD) and radiculopathy of the right upper extremity, finding that there was no evidence linking these conditions to service or a service-connected disability.