Radiculopathy & sciatica Board decisions

The Board has decided to remand four issues related to the Veteran's service-connected disabilities: psychiatric, left knee, lumbar spine, and radiculopathy of the left lower extremity. The reasons for this are that the Veteran testified about increased severity since recent VA examinations and private evaluations, and requested additional VA examinations.

The Board has remanded the claims of service connection for depression, an initial rating in excess of 20 percent for right upper extremity radiculopathy, and a rating in excess of 10 percent for degenerative arthritis of the cervical spine with IVDS due to incomplete compliance with previous remand directives.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and a TDIU rating is granted.

The Veteran's service connection claim for restless leg syndrome was denied as there is no evidence linking the condition to her active duty service or a service-connected disability.,The Veteran's TDIU claim was also denied due to her having multiple service-connected disabilities, none of which alone meet the schedular requirements for TDIU.

The Board denied the Veteran's claims for evaluations in excess of 20 percent for his service-connected right and left lower extremity radiculopathy, finding that the disability manifestations have been manifested by pain, numbness, and tingling into the lower extremities without more severe neurologic impairment.

The Board denied the Veteran's claims for service connection for a lower back disorder and right lower extremity sciatica, finding that there was no evidence of such disorders in-service or immediately thereafter.,The Board also found that the Veteran did not meet the criteria for TDIU as his disabilities alone were not sufficient to render him unable to secure and maintain substantially gainful employment.

The Veteran's heart murmur claim is denied as there is no objective evidence of a current diagnosis.,The Veteran's bilateral knee condition and poor circulation claims are denied due to lack of medical evidence linking these conditions to service or any other relevant factor.,Service connection for degenerative arthritis of the cervical spine is granted, with secondary service connection already in effect for cervical radiculopathy of the left side.

The Board has remanded the case for further development due to inconsistencies in medical opinions and need for clarification regarding the Veteran's ability to perform 'medium work' despite his service-connected disabilities. The TDIU claim is also being referred for extraschedular consideration.

The Veteran's tinnitus, left and right radiculopathy of the lower extremities are all granted as service connected. The Board found that these conditions were incurred during active duty due to noise exposure and post-service occupational factors.

The Veteran's lumbar spine disability is currently rated at 40% and his left and right ankle disabilities are both rated at 10%. The claims for increased ratings remain pending as the AOJ has remanded them.

The Veteran's service-connected disabilities, including his depression and back injuries, render him unable to secure or follow a substantially gainful occupation beginning on August 1, 2019.

The Board denied service connection for cervical spine disorder, left wrist CTS, right wrist CTS, RUE cervical radiculopathy, and LUE cervical radiculopathy. Service connection was also denied for DM as it is not shown to be related to service or a service-connected disability.

The Veteran's cervical spine disability was granted a 20 percent evaluation prior to May 17, 2019 and a 30 percent evaluation as of that date.,Separate evaluations of 40 percent for right upper extremity radiculopathy and 30 percent for left upper extremity radiculopathy were granted effective from May 17, 2019.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and sciatica are being remanded due to the failure of the Veteran to report for VA examinations. The Board will schedule new examinations to determine if these conditions are related to his military service.

The Veteran's claim for a higher rating for his lumbar spine disorder was denied. The current rating of 40 percent is maintained as the disability does not meet criteria for an increased rating.

The Board denied the Veteran's claim for service connection for cervical radiculopathy of the bilateral upper extremities, including as due to a service-connected cervical spine disability. The evidence did not support the existence of current disability related to active service or caused by his service-connected cervical spine disability.

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has granted service connection for bilateral lower extremity radiculopathy on a secondary basis to his service-connected lumbar spine disability.

The Board denied the Veteran's claims for an effective date prior to September 11, 2017 for service connection of radiculopathy of the right and left lower extremities. The decision found that the correct facts were not before the RO at the time of the May 2010 and February 2016 rating decisions, and that the RO did not err in applying the applicable statutory and regulatory provisions.

The Veteran's claim for an increased rating for sciatica, right lower extremity is denied. The claim for service connection for a neck disability with headaches has been reopened but not yet decided on the merits. The TDIU claim is remanded.

The Board has denied an increased rating for the Veteran's cervical spine disability, but has remanded the issue of a separate evaluation for cervical radiculopathy. The Veteran is currently rated at 20 percent for his cervical spine disability.