Radiculopathy & sciatica decisions — 2024

The Veteran's claim for service connection for sleep apnea has been reopened, but the issues regarding his back condition and headaches have been remanded for additional development.

The Board denied the Veteran's claims for service connection and earlier effective dates for various disabilities, including left knee meniscus tear, lower extremity radiculopathy, shoulder strain, rotator cuff tendonitis, and upper extremity radiculopathy. The increased rating claim was also denied.,The Board found that there is no evidence of a nexus between the Veteran's current diagnoses and his military service.

The Veteran's claim for service connection for sleep apnea has been reopened. The Board finds that a remand is warranted to obtain missing STRs and private treatment records, as well as to schedule VA examinations for the left upper and lower extremity radiculopathy and cervical and lumbar disabilities.

The Board has remanded the case for a new VA examination to determine the current nature, extent, and severity of the Veteran's cervical spine disability. The issues include rating claims for cervical spine spondylosis and upper extremity radiculopathy.

The Veteran's claim for an initial rating in excess of 20 percent for right lower extremity radiculopathy, sciatic nerve is being remanded due to the need for a more recent VA examination.

The Board has remanded the Veteran's claims for a lumbar spine disability, right lower extremity sciatica, and TDIU due to inadequate reasons and bases in the January 2020 VA examiner's opinion regarding service connection. The issues are intertwined as they could significantly impact each other.

The Board has determined that the VA examinations are not adequate for rating purposes and requires a new examination to assess the severity of the Veteran's lumbar strain, radiculopathy (right lower extremity), and radiculopathy (left lower extremity).

The Veteran's left foot, leg and ankle disabilities are not service-connected due to lack of causation.,Tinnitus is presumed related to in-service acoustic trauma.

The Veteran's service-connected disabilities, including diabetes mellitus type II and its complications, have prevented her from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for right knee degenerative arthritis, left knee degenerative arthritis, degenerative arthritis of the lumbar spine, cervical spinal stenosis with degenerative arthritis, radiculopathy of the upper and lower extremities, and an acquired psychiatric disorder (including PTSD, anxiety, and depression) due to new evidence not having been considered in the first instance.

The Board has remanded the claims for increased ratings for lumbar strain with DJD and osteoarthritis, right lower extremity radiculopathy, left lower extremity radiculopathy, a TDIU rating due to a single service-connected disability, and SMC pursuant to 38 U.S.C. § 1114(s).

The Veteran's thoracolumbar spine disorder and radiculopathy of the lower extremities have been granted initial ratings of 40 percent since specific dates, with some issues having higher or different ratings.

The Board has remanded the claims for service connection due to a misunderstanding of the Veteran's military service history and the presence of certain back conditions. The VA examiner needs to provide new opinions regarding the relationship between the Veteran's disabilities and his military service.

The Veteran's appeal is being remanded due to the need for further development regarding her claimed disabilities, including exposure verification and medical opinions.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy, LLE and RLE, sciatic nerve due to incomplete evaluations in prior examinations. The Veteran is presumed to seek the maximum available benefit.

The April 2009 rating decision was reversed due to clear and unmistakable error, granting service connection for the Veteran's back disability effective from March 19, 1996. From June 2, 2014, forward, an initial disability rating of 40 percent is granted for the service-connected lumbar spondylosis with spondylolisthesis status post fusion.

Service connection for tinnitus and back impairment is granted. The Veteran's hearing loss claim is reopened, but no new rating is assigned.,The Veteran's right elbow limitation of flexion and supination are rated at 40% from June 26, 2017 to August 21, 2018. Effective date for the 40% rating is granted as of June 26, 2017.,Service connection for left lower extremity and right lower extremity radiculopathy are granted from April 9, 2018 onwards.

The Board has granted the Veteran's claim for service connection for right upper extremity radiculopathy, finding that it is related to his service-connected cervical spine disability.

The Veteran's increased ratings for lumbar spine disability and associated radiculopathy are denied. The current rating of 40 percent is maintained.

The Board has remanded the case for further development due to inadequate medical opinions regarding the Veteran's low back disability and sciatic nerve radiculopathy.