Radiculopathy & sciatica decisions — 2023

The Veteran's claims for earlier effective dates and increased disability ratings are being remanded due to the need for additional medical examination. The TDIU claim is also inextricably intertwined with other issues.

For the entire period on appeal, the Veteran's bilateral hearing loss disability is rated at 10 percent.,For the entire period on appeal, the Veteran's tinnitus disability is rated at 10 percent.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment during the period on appeal, warranting a grant of TDIU.

The Veteran's appeal is limited to the period prior to April 30, 2021, seeking entitlement to an initial rating higher than 20 percent for right lower extremity radiculopathy.,For the period prior to April 30, 2021, the Board concluded that an initial evaluation exceeding 20 percent for right lower extremity radiculopathy is not supported under Diagnostic Code 8520.

The Veteran's appeal for increased disability ratings in multiple areas of his service-connected conditions is being remanded due to inadequate prior examinations and the need for retrospective opinions.

The Veteran's appeals for otitis externa and urinary frequency were dismissed. The Veteran's claims for a left shoulder disability, a left trapezoid disability, and a testicular disability are granted.

The Board denied service connection for tinnitus, traumatic brain injury with cognitive/memory issues, an acquired psychiatric disorder, a cervical spine condition, radiculopathy of the upper extremities, and a lower back condition. The evidence did not support a finding that these conditions began during or were related to service.

The Board has remanded the case due to inextricably intertwined claims for increase of service-connected lumbar spine disability, sciatica, and right lower extremity radiculopathy. The effective date issue is also being addressed.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted a TDIU based on this finding.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation as of June 20, 2015.,Prior to June 20, 2015, the Veteran's TDIU claim was remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board has decided to remand the Veteran's appeals for additional development due to a worsening of his service-connected lower back disability and radiculopathy. The claims are being returned to the RO for further examination and consideration.

The Board has determined that the Appellant's appeal was timely filed and remanded for further development on issues of service connection for mental health condition, hypertension, migraine headaches, neck condition, radiculopathy of the bilateral upper extremities, sleep apnea, and a bilateral knee condition. The TDIU issue is also being remanded.

The Veteran's service-connected disabilities, including cough-variant asthma, thoracolumbar scoliosis, left shoulder tendinitis with clavicle fracture, tinnitus, right and left carpal tunnel syndromes, residuals of otitis media, and left lower extremity radiculopathy, are rated at 70 percent combined from December 2, 2010. The Board has granted a TDIU rating based on these disabilities, but the issues of service connection for an acquired psychiatric disability, neurocognitive disorder, and erectile dysfunction remain unresolved.

The Veteran's claims for higher ratings and earlier effective dates have been denied. The effective date of the service connection awards is set at December 20, 2013.

The Veteran's claim for service connection for ulcerative colitis was denied, and his ratings for cervical spine disability were also denied. The Board found that the evidence did not support a finding of service connection or an increase in rating.

The Veteran's claims for increased disability ratings for service-connected cervical spine conditions and lumbar sprain are being remanded due to the need for additional medical examination and translation of records.

The Board has granted service connection for a cervical spine disability and remanded the issues of evaluating lumbar radiculopathy.

The Veteran's lumbar spine disorder, diagnosed as degenerative arthritis of the lumbar spine with RLE radiculopathy, is granted service connection. Service connection for a cervical spine disorder and left lower extremity radiculopathy (secondary to lumbar spine disorder) are remanded. Service connection for psychiatric disability (secondary to lumbar spine disorder) is also remanded.

The Board has granted the Veteran's claims for service connection for high blood pressure, sleep apnea, cervical spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, pseudofolliculitis (now claimed as shaving profile), and upper extremity neurological condition. The claims are granted to the extent that they were not previously denied.

The Veteran's claims for service connection were denied as the evidence did not meet the criteria for reopening and establishing new and material evidence. The Board also found that there was no evidence to support a finding of service connection for bilateral hearing loss.