Radiculopathy & sciatica decisions — 2024

The Veteran's appeal is remanded for further development on several issues, including service connection claims and disability rating determinations.

The Veteran's right lower extremity radiculopathy claim is denied.,Service connection for right knee strain and left knee strain are both denied, with each receiving a 10% disability rating.,A 20% disability rating is granted for the Veteran's left knee meniscus condition (manifested by locking).,The Veteran's left knee instability claim is denied. The Veteran's tension and migraine-type headaches have been granted a 50% disability rating.

The Board has remanded the case due to incomplete information and need for further examination regarding the Veteran's major depressive disorder, occupational functioning, and schizoaffective disorder diagnosis.

The Veteran's appeal has been dismissed as he explicitly withdrew his claims for effective dates prior to September 16, 2016, and other related issues.

The Veteran is entitled to a total disability rating based on individual unemployability due to service-connected disabilities prior to January 31, 2020.

The Board has remanded the cases for further development due to worsening symptoms of cervical radiculopathy in both upper extremities since the last VA examination.

The Veteran is unable to obtain or maintain substantially gainful employment due to her service-connected disabilities, specifically urinary incontinence and other physical conditions.

The Veteran's claims for increased ratings for service-connected left and right lower extremity radiculopathy are being remanded due to the need for updated medical records and a new examination.

The Veteran's low back disability, including degenerative arthritis, intervertebral disc syndrome (IVDS), and bilateral lumbar radiculopathy, is granted as service connected due to a motor vehicle accident during active service.

The Board has remanded the claims for service connection for a back condition, erectile dysfunction, and chronic kidney disease due to new evidence received since previous decisions.,Service connection is being considered based on direct evidence rather than any presumption or secondary theory.

The Veteran's appeal is remanded due to the need for updated medical records and VA examinations to assess his service-connected disabilities.

The Board denied the Veteran's claims for service connection of his right foot disability, low back disability, and right knee disability. The Board found that there was no evidence to support a nexus between these disabilities and service.

The Veteran's claims for increased ratings for DJD of the lumbar spine and right lower extremity radiculopathy are remanded due to inadequate VA examinations and incomplete medical records.

The Board has vacated the January 2024 decision and granted increased disability ratings for various conditions, including bilateral hearing loss, diabetes mellitus with erectile dysfunction (Nehmer Granted), hypertension, peripheral neuropathy of the lower extremities, and thrombosis. The Veteran also received SMC based on aid and attendance.

The Board dismissed the appeals for diabetes mellitus, type II, emphysema, erectile dysfunction, hypertension, lumbar stenosis and disc herniation with radiculopathy, and PTSD as untimely filed.

The Veteran's claim for an effective date prior to October 22, 2019 for a 20 percent rating for cervical strain with degenerative arthritis and associated right upper extremity and left upper extremity radiculopathy has been denied. The Board found that the evidence did not demonstrate a factually ascertainable increase in disability within one year prior to October 22, 2019.

Service connection for tinnitus is granted.,Service connection for bilateral hearing loss is denied.,Service connection for thoracolumbar spine disability is denied.,Service connection for sleep apnea is denied.,Service connection for nerve damage/right lower extremity radiculopathy is denied.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to January 31, 2020. The Board denied the claim for TDIU as his employment as a VA police officer was considered substantial gainful employment.

The Veteran's service connection for a left knee disability is denied. The Board finds that the current left knee disability did not manifest during or immediately after service and is unrelated to service. A TDIU from March 6, 2019 to August 4, 2020 is granted based on multiple service-connected disabilities resulting in an overall combined rating of 80 percent.

The Board has granted service connection for low back disability, left and right lower extremity radiculopathy, all secondary to the Veteran's service-connected low back condition.