Radiculopathy & sciatica decisions — 2023

The Veteran's claim for service connection for GERD has been granted. The Board found that the evidence is approximately balanced or nearly equal as to whether the Veteran's current GERD arose during his active service, and thus granted service connection.

The Board has remanded the claims for bilateral hearing loss, tinnitus, varicose veins, left knee disability, right knee disability, low back disability, sciatica, left, and sciatica, right due to procedural issues.

The Board has remanded the Veteran's claims for service connection due to incomplete etiology opinions and failure to substantively comply with previous directives.,Specifically, the Board found that the VA examiners' opinions were inadequate as they did not address the Veteran's contentions regarding his MOS as an aircraft mechanic and the onset of symptoms during work activities.

The Veteran's appeals for higher ratings on her service-connected bilateral lower extremity neuropathy conditions are remanded due to the need for additional development, including obtaining private medical records and conducting a new examination if additional records are obtained.

The Board has granted the Veteran's request to restore VA disability compensation benefits for 16 days and reimburse $538.13 due to improper withholding of benefits in FY 2012. The issue regarding the withholding of benefits in FY 2013 is remanded.

The Board dismissed the appeals regarding service connection and increased ratings for various conditions, including shin splints and radiculopathy of the lower extremities and lumbosacral strain. The appellant requested withdrawal of all issues.

The Board has remanded the cases due to the Veteran submitting a Notice of Disagreement (NOD) on an incorrect form, and the RO has not issued a Statement of the Case (SOC).

The Board has remanded the Veteran's claims for an initial rating in excess of 40 percent for degenerative arthritis of the thoracolumbar spine, from August 1, 2018; prior to August 1, 2018; and for separate ratings in excess of 10 percent for left and right lower extremity radiculopathy. The remand is due to inadequate medical examinations used by the Board.

The Veteran's service-connected disabilities, including right tibia fracture residuals, degenerative arthritis of the lumbar spine, and right lower extremity radiculopathy, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, warranting the grant of a TDIU.

The Board denied service connection for bilateral hearing loss and granted a 40% disability rating for the Veteran's lumbar spine disability. Separate ratings of 10% were granted for left and right lower extremity radiculopathy prior to May 23, 2017, with no higher ratings allowed.

The Veteran's claims for increased evaluations of his service-connected low back and left knee disabilities are being remanded due to the need for additional medical examinations.

All appeals for increased ratings and service connection have been withdrawn by the Veteran. The appeal is dismissed.

The reduction of the rating for lumbosacral spine degenerative disc disease with left S1 radiculopathy from 40 percent to 20 percent, effective July 1, 2018, was improper and the 40 percent rating is restored.

The Board denied an extraschedular rating for the lumbar spine disability prior to April 28, 2015 and granted a TDIU from February 1, 2010 onwards. The decision also noted that the Veteran's combined rating was at or above 70% throughout the appeal period.

The Board denied service connection for a low back disorder, ruling out any chronicity or continuity of symptoms. The Veteran's current pain is not related to his active duty service.,Service connection was also denied for a left leg disorder as secondary to the service-connected back disorder. The VA examiner found no evidence of radiculopathy and noted that the Veteran had multiple risk factors for osteoarthritis, including obesity and alcohol use.,The Board denied service connection for a right ankle disorder as secondary to the service-connected left ankle disorder. The VA examiner concluded there was no evidence to support that the right ankle problem was primarily caused by the left ankle.

The Veteran's right knee strain is granted as secondary to his service-connected right lower extremity radiculopathy. The initial rating for left lower extremity radiculopathy was increased from 10 percent to 40 percent, effective September 18, 2008.

The Veteran's claims of increased ratings for her service-connected right knee and hypothyroidism conditions, as well as her claims for service connection for a right hip sciatic neuritis condition and/or a right leg condition are being remanded due to the need for additional examinations and development.

The Board has remanded the case due to conflicting opinions on whether the Veteran's current bilateral foot disability, manifested by numbness and tingling, is caused by or aggravated beyond its normal progression by her service-connected pes planus and/or hallux valgus.

The Veteran's left lower extremity radiculopathy and right elbow lateral epicondylitis are granted as secondary to service-connected conditions. The claim for sleep apnea is remanded.