Radiculopathy & sciatica decisions — 2023

The Veteran's increased rating claims for bilateral hearing loss, lumbar spine disability, and left lower extremity radiculopathy are being remanded due to the need for new VA examinations to assess the current severity of his service-connected conditions.

The Board has granted an effective date of March 27, 2007 for the award of TDIU. However, the matter is remanded as there is a reasonable possibility that the Veteran may be entitled to extraschedular TDIU.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, headaches, a mid-back injury, cervical spine degenerative joint disease (claimed as neck injury), radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity due to lack of contemporaneous medical records and insufficient information.

The Veteran's claims for an earlier effective date for service connection for lumbar spine degenerative arthritis with intervertebral disc syndrome and left lower extremity radiculopathy are denied.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy are being remanded due to the receipt of additional relevant evidence.

The Board denied service connection for right and left upper extremity cervical radiculopathy as there was no in-service injury, disease, or event to which the current diagnosis could be related.

The Board has remanded the Veteran's claims for cervical spine condition, lumbar spine degenerative disc disease with right sacral fracture, and related radiculopathy of the sciatic nerve. The issues are being remanded due to the need for additional medical opinions regarding the nature and etiology of the Veteran's cervical spine condition, as well as the severity of her lumbar spine condition, right lower extremity radiculopathy, and associated scar.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of his medical records.,The Veteran is seeking an increase in rating for his left elbow disability, which includes limitation of flexion and extension. The Board has determined that further examination and opinion are needed.

The Board has remanded the Veteran's claims for a supplemental opinion to assess the severity of his peroneal nerve disabilities from 2011 to present and determine whether the symptomatology of his superficial peroneal, deep peroneal nerves, and common peroneal nerves overlapped with his sciatic and femoral nerve impairments.

The Veteran's tension headaches and radiculopathy of the right lower extremity have not been productive of characteristic prostrating attacks or other symptoms warranting higher ratings.,Service connection for asthma, respiratory insufficiency (COPD), sinusitis, neck disability, and muscle and joint pain has not been established.

The Board has remanded the cases for additional development and opinion regarding service connection claims, particularly addressing whether the Veteran's disorders are secondary to his service-connected right knee disorder.

The Veteran's initial 40 percent rating for lower back strain with DDD was granted, along with separate ratings for right and left lower extremity radiculopathy. The TDIU was also granted. Service connection for sleep apnea was remanded.

The Board has remanded the claims for cervical spine, lumbar spine, bilateral knee disabilities and bilateral sciatica due to in-service events such as constant bending over, crawling on knees, and laying on back during 8 years of fixing vehicles. The VA will schedule the Veteran for examinations to determine if these conditions are related to service.

The Veteran's claim for an effective date prior to July 13, 2017, for the grant of service connection for tension headaches is denied.,The Veteran's claim for a higher rating for major depressive disorder is remanded.,The Veteran's claim for service connection for a right shoulder disability is remanded.,The Veteran's claim for service connection for bursitis is remanded.,The Veteran's claim for an increased rating for tension headaches is remanded.,The Veteran's claim for a higher rating for cervical strain is remanded.,The Veteran's claim for a higher rating for left rotator cuff impingement syndrome is remanded.,The Veteran's claim for an effective date prior to July 13, 2017, for the grant of a 20 percent rating for left rotator cuff impingement syndrome is remanded.,The Veteran's claim for service connection for degenerative arthritis with strain of the lumbar spine is remanded.,The Veteran's claim for an effective date prior to July 13, 2017, for the grant of service connection for radiculopathy of the left lower extremity is remanded.,The Veteran's claim for an effective date prior to July 13, 2017, for the assignment of a separate compensable rating for radiculopathy of the right lower extremity is remanded.,The Veteran's claim for an increased rating for bilateral plantar fasciitis is remanded.,The Veteran's claim for TDIU due to service-connected disabilities is remanded.

The Veteran's service-connected low back condition and right lower extremity radiculopathy are being remanded for further evaluation due to the need for current examinations.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to February 16, 2021.

The Veteran's left and right lower extremity peripheral neuropathies of the sciatic nerve have been granted increased disability ratings, with a maximum rating of 40 percent for each leg.,The Veteran's bilateral femoral nerve peripheral neuropathy has also been granted an increased disability rating of 40 percent from November 16, 2018.

The Veteran's rib cage and groin scars are rated at 10 percent, effective October 1, 2015. The initial rating for left lower extremity radiculopathy is also set at 10 percent, effective the same date. However, ratings for right ankle impairment and back impairment remain pending as they were remanded.

The Board has granted service connection for a low back disability with sciatica, finding that the Veteran's current condition had onset during service and is related to his in-service injuries.

The Board has determined that the Veteran's claims are remanded due to insufficient evidence and procedural errors. The claims for increased ratings and service connection will be returned to the RO for further action.