Radiculopathy & sciatica decisions — 2024

The Veteran's hemorrhoids were not rated higher than a compensable rating.,Tinnitus was evaluated at the maximum schedular rating available for that disorder.,Bilateral hearing loss was rated at 30 percent effective October 18, 2019.,Cervical spine disability was rated at 50 percent as of October 18, 2019.,Tension headaches were rated at 50 percent as of October 18, 2019.,Lumbar spine disability was not rated higher than 20 percent prior to February 7, 2020.,RUE radiculopathy and LUE radiculopathy were both rated at 20 percent.,Residual lumbar spine scar did not meet the criteria for a compensable rating.

The Veteran's claims for increased ratings and TDIU are being remanded due to insufficient VA examinations.

The Veteran's radiculopathy of the right lower extremity is rated at 10 percent, which was reduced from 20 percent. The ratings for DDD other than with IVDS and status post laminectomy L4-L5 of spine and right hip degenerative arthritis (thigh, impairment of) are not restored.

The Veteran's claims for type II diabetes mellitus, left lower extremity radiculopathy, and right lower extremity radiculopathy have been denied due to lack of evidence linking these conditions to service.,For the compensable evaluation claim related to first degree AV block with chest pain, the Veteran is not entitled to a higher rating as his condition does not meet the criteria for a workload greater than 7 METs but not greater than 10 METs resulting in dyspnea or fatigue.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation since May 9, 2008.,The Veteran has been entitled to individual unemployability and basic eligibility to Dependents' Educational Assistance since May 9, 2008.

The Board denied earlier effective dates for increased ratings and service connection decisions based on the lack of a claim prior to the assigned effective dates.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and incomplete records. The Veteran is entitled to additional etiology opinions on his acquired psychiatric, respiratory, cardiac, vestibular, hearing loss/tinnitus, and orthopedic disabilities.

The Veteran's headaches have been rated at 50 percent since November 2, 2020.,Basic eligibility for Dependents' Educational Assistance (DEA) was granted effective November 2, 2020.

PTSD is granted with a 100% rating effective April 17, 2020.,Right knee flexion and left knee flexion are each granted a 20% rating effective December 28, 2020.,Right lower extremity radiculopathy and left lower extremity radiculopathy are each granted a 20% rating effective December 28, 2020.

The Veteran's PTSD with alcohol abuse disorder is granted as service-connected. Bilateral hearing loss and radiculopathy of the upper extremities are denied.

The Veteran's claims for effective dates prior to February 6, 2020, for the award of service connection for urinary incontinence and left lower extremity radiculopathy were denied.,The Veteran's claims for effective dates prior to February 6, 2020, for the award of service connection for radiculopathy of the left lower extremity (femoral nerve) and sciatic nerve were denied.

The Veteran's cause of death, a hemorrhagic stroke, is determined to be related to his service-connected disabilities. The Board finds that the evidence is at least in equipoise as to whether these service-connected conditions contributed to the Veteran's death.

The Board denied the Veteran's claims for service connection for dysphagia and left lower extremity peripheral neuropathy, both claimed as secondary to his service-connected COPD.,The Board found that there was no causal relationship between the Veteran's conditions and his service-connected COPD.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the etiology of the Veteran's right hip strain, as it may be related to his service-connected disabilities.

The Veteran's TDIU claim was granted effective November 15, 2019. The effective date is based on the date of receipt of his most recent VA Form 21-8940.

The Veteran's claims for service connection for radiculopathy of the left upper extremity and right upper extremity, to include as secondary to service-connected back disability, are denied.,The Veteran's claims for service connection for radiculopathy of the left lower extremity and right lower extremity are granted.

The Board denied the Veteran's claims for service connection for right and left upper extremity radiculopathy, finding no current disability or evidence of a relationship to active service.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's claimed disabilities, particularly regarding secondary service connection. The claims for cervical spine disability and associated radiculopathy, lumbar spine disability, bilateral hip disabilities, and migraine headaches are being remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the TDIU is granted from October 29, 2018, to June 3, 2021.

The Board has granted service connection for left lower extremity radiculopathy as secondary to the Veteran's service-connected lumbosacral strain.