Radiculopathy & sciatica decisions — 2024

The Board has remanded several issues related to the Veteran's disabilities, including right ankle disability, hip disabilities, cervical spine disability, migraine, and RLE radiculopathy. The case is returned for further consideration with the added evidence.

The Board has remanded several issues related to the Veteran's knee, hip, ankle, shoulder, neck, and back disabilities due to a lack of adequate rationale in previous opinions and the need for new VA examinations.

The Board has denied service connection for hearing loss and increased the disability rating for RLE sciatica, but remanded several other issues.,Insomnia was granted an initial 30 percent disability rating from January 17, 2023.

The Board has remanded the claims for right shoulder, left shoulder, right knee, left knee, and hip disabilities due to insufficient medical evidence. The Veteran's representative raised a new theory of entitlement that his claimed disabilities are caused or aggravated by his service-connected back and neck disabilities.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current disability meeting VA criteria.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied as the maximum schedular rating has been assigned.,The Veteran's claims for PTSD, lumbar spine disability, right lower extremity radiculopathy, right knee patellofemoral pain syndrome (right knee disability), left ankle sprain, and ingrown right great toenail are remanded due to insufficient evidence of a current disability or service connection.,The Veteran's claim for service connection for a left knee disorder is also remanded as the opinion provided by the VA examiner was inadequate.

The Veteran's claim for service connection for an abscess is denied. The claims for service connection for a back disability, cervical spine disability, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy are remanded due to uncertainty regarding the Veteran's duty status during relevant periods of service.

The Veteran's low back disability and related sciatic radiculopathies of the left and right lower extremities are rated at a 20 percent for lumbosacral strain with L5 herniated nucleus pulposus and intervertebral disc syndrome (low back disability) from September 8, 2015. The Veteran's low back disability is also rated at a 60 percent based on incapacitating episodes of IVDS since October 30, 2019.

The Board has ordered additional evidentiary development for the Veteran's increased rating claims and TDIU claim due to his failure to report for scheduled VA examinations. The claims are being remanded until such evidence is obtained.

The Veteran's claim for service connection for headaches secondary to his cervical spine disability is granted. Other issues are remanded, and the effective date of TDIU is set prior to February 23, 2018.

The Veteran's service connection claim for migraine headaches is granted. The Board finds that the evidence is in approximate balance as to whether current migraines are related to service, and thus grants service connection on a direct basis.

The Board has remanded the Veteran's claim for service connection for a back disorder, as secondary to his service-connected bilateral plantar fasciitis. The case is being returned for further examination and opinion.

The Veteran's appeals for increased ratings in excess of 20 percent for degenerative disc disease of the lumbar spine, bilateral knee disabilities, and bilateral lower extremity radiculopathy have been dismissed due to his withdrawal of the appeal.

The Board has granted the Veteran's claim for service connection for right lower extremity radiculopathy as secondary to their service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for further development due to inadequate treatment records and the need for a new examination.

The Veteran's claim for service connection for a right knee disability is being reopened and granted.,Service connection for diarrhea as a qualifying chronic disability under the PACT Act is granted.,GERD, sinus disability, residuals of a nasal fracture, jaw disability, neck disability, and back disability are all remanded for further development due to the provisions of the PACT Act regarding toxic exposure risk activity (TERA).,Bilateral lower extremity radiculopathy secondary to service-connected back disability is also being remanded.,

The Veteran's service-connected disabilities, including major depressive disorder and lumbar spine degenerative disc disease, render him unable to secure and follow a substantially gainful occupation as of December 13, 2022. His TDIU claim is granted.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation during the period from August 30, 2016 to October 6, 2021.

The Veteran's claim for service connection for diabetes mellitus, type II has been reopened due to the submission of new and material evidence. However, his right lower extremity radiculopathy remains denied.,The Board has remanded the case for further development regarding potential herbicide exposure on C-123 aircraft.

The Board has dismissed the Veteran's appeals regarding service connection for left knee disability, right knee disability, and right leg sciatica. The Veteran's migraine headaches and vertigo have been granted service connection.

All appeals for increased ratings and effective dates are dismissed due to the appellant's withdrawal of all pending appeals.