Radiculopathy & sciatica decisions — 2024

The Veteran's appeals for increased ratings on several of his service-connected conditions have been remanded by the Board. The issues include right upper extremity radiculopathy, degenerative arthritis of the cervical spine, and right elbow medial epicondylitis and strain.

The Board has ordered the case to be remanded due to inadequate VA examinations, and a new examination is required to assess the Veteran's lower extremity radiculopathies.

The Veteran's left and right lower extremity radiculopathy symptoms prior to March 21, 2020, were more closely approximated by moderate incomplete paralysis.

Service connection is granted for bilateral hearing loss, back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The neck condition, left upper extremity nerve condition, and right upper extremity nerve condition claims are remanded.

The Board has remanded the claims for service connection due to insufficient evidence regarding the presence of a diagnosed disability in each claim. The Veteran's service-connected lumbosacral strain and associated radiculopathy are already established, but other claimed disabilities may be related to the same incident.

The Board denied service connection for low back disability, cervical spine disability, sciatic nerve condition of the left lower extremity, and sciatic nerve condition of the right lower extremity.,There is no evidence in the record to support a nexus between the Veteran's current disabilities and his military service.

The Board has remanded several issues related to the Veteran's service-connected radiculopathy, including determining an appropriate effective date and rating for his conditions. The Veteran is also required to provide additional information regarding his employment history prior to August 2015.

The Veteran's cervical spine disability is granted as service-connected.,Right and left upper extremity radiculopathy are also granted as secondary to the service-connected cervical spine disability.,Residuals of TBI, low back disability, eye disability (to include as due to TBI), and right ankle disability are all remanded for further examination and opinion.,Malaria, heart disability, aortic aneurysm, diabetes mellitus, and sleep disability are also remanded for further examination and opinion.

This decision grants effective dates of September 28, 2017, but no earlier, for service connection for radiculopathy of the right and left upper extremities. The Veteran's claim for a 20% rating for degenerative arthritis of the cervical spine is denied as it cannot be determined that an increase in disability occurred prior to July 3, 2018.

The Veteran's claims for increased ratings for various diabetes-related conditions are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling an examination for erectile dysfunction.

The Board has remanded the Veteran's claims for service connection for back disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate medical opinions in previous examinations. The case is being returned to the AOJ for further development.

The Veteran's service-connected incomplete paralysis of the femoral and sciatic nerves in both lower extremities has been granted increased ratings from moderate to moderately severe, effective since May 12, 2017.

The Board has determined that the Veteran's claims for sleep disorder/insomnia, an acquired psychiatric disorder to include adjustment disorder with anxiety and PTSD, lumbar radiculopathy, left right lower extremity, lumbar radiculopathy, right lower extremity, and degenerative arthritis of the lumbar spine must be remanded due to the need for updated medical records and examinations.

The Veteran's claims for earlier effective dates and ratings have been resolved in final Board decisions, and these issues are now dismissed.

The Board has remanded the claim for Total Disability Rating Based on Individual Unemployability (TDIU) for the period from March 22, 2012 to June 15, 2014 due to incomplete records and further evidentiary development is needed.

The Veteran's service-connected PTSD and other disabilities render them unable to secure or maintain substantially gainful employment, leading to a TDIU determination. Special monthly compensation was also granted.

The Board has determined that additional evidence was received and must be considered in the context of the Veteran's claims for increased initial disability ratings. The appeal is being remanded to allow for a full review of the claims.

The Veteran meets the schedular percentage requirements for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected conditions, including a new VA examination for his psychiatric disorder and knee and spine disabilities.

The Board has remanded multiple issues related to the Veteran's spine, bilateral lower extremity, and foot disabilities due to a Joint Motion for Partial Remand (JMPR). The issues include increased ratings for these conditions as well as entitlement to SMC based on aid and attendance and loss of use.