Radiculopathy & sciatica decisions — 2023

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

The Veteran's headache condition is caused or aggravated by his service-connected sinusitis.,The Veteran does not have a current diagnosis of PTSD.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent. As the Veteran does not meet the criteria for an award of special monthly compensation, as no disability is considered 100 percent disabling, plus an additional separate disability or disabilities combining to 60 percent disabling, his TDIU claim has been dismissed as moot.

The Veteran's claims of service connection for pseudofolliculitis barbae, chronic sinusitis, and tinnitus have been granted. The claim of service connection for bilateral lower extremity radiculopathy has also been granted as secondary to the service-connected bilateral hip stress fractures.

The Veteran's claim for an earlier effective date for tinnitus is denied as the earliest effective date available has already been awarded.,The issue of an earlier effective date for adjustment disorder with depressed mood is dismissed due to withdrawal by the Veteran and his attorney.,New and material evidence has been received, reopening the previously denied claim of entitlement to service connection for a bilateral knee condition.,Service connection for right knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,Service connection for left knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,A rating in excess of 10 percent for service-connected adjustment disorder with depressed mood is remanded due to a need for an updated assessment of the Veteran's condition.,Rating in excess of 20 percent for service-connected lumbar spine degenerative disc disease and related radiculopathy (sciatic nerve) is remanded as VA examiner opinions are needed regarding the severity of these disabilities, including whether they manifest ankylosis or functional equivalent thereof.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities is remanded.

The Board has remanded the cases for further development due to procedural issues and need for additional medical opinions.

The Veteran's bilateral hearing loss and left knee arthritis are granted service connection. The lumbar spine disability, right sciatica, left sciatica, and respiratory disability claims are denied. Service connection for coronary artery disease secondary to PTSD is also denied.

The Board denied service connection for bilateral hearing loss, neck injury residuals, low back injury residuals, and right and left leg radiculopathy due to a lack of evidence linking these conditions to service.,Service records do not show any complaints or diagnoses related to the claimed disabilities until years after separation from active duty.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation, including his past work as an account representative or in systems design.

The Veteran's claim for service connection for BUE peripheral neuropathy is remanded due to the need for further development, including an addendum VA examination and consideration of all theories of service connection.

The Board has remanded the cases for a VA examination to clarify whether the Veteran's peripheral neuropathy or radiculopathy is associated with his service-connected thoracolumbar spine disorder.

The Board has denied service connection for left and right lower extremity radiculopathy, finding no evidence of a chronic disease or injury during service that could be linked to the current conditions.

The Veteran's appeals for service connection and rating issues have been dismissed due to her withdrawal of the appeal.

The Veteran's loss of use of both feet is granted, with a 100% disability rating throughout the period under appeal.

The Veteran's claims for service connection for bilateral foot disabilities, cervical spine disability, lumbar spine disability, bilateral lower extremity radiculopathy, bilateral shoulder disabilities, and bilateral knee disabilities are dismissed. The remaining issues of service connection have been remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the nature and etiology of his hip, knee, spine, and neurological disorders. The VA will obtain additional medical records and provide the Veteran with new examinations to address these issues.

The Veteran's service-connected disabilities alone render him physically unable to engage in substantially gainful employment from July 1, 2015. Prior to that date, he was employed as a railroad engineer and thus considered employable.

The Veteran's claim of service connection for a traumatic brain injury (TBI) was denied due to the lack of current diagnosis and no evidence linking his symptoms to active duty. The claim for TDIU was also denied as the Veteran's service-connected disabilities did not render him unemployable.

The Veteran's service-connected lumbar spine disability, left and right lower extremity radiculopathy, and major depressive disorder with anxious distress have been granted. The initial rating for the major depressive disorder has been increased to 50 percent.

The Veteran's claims for service connection were denied. The Board found that the evidence did not meet the criteria for service connection, except for a grant of entitlement to a separate compensable evaluation for radiculopathy of the left lower extremity.