Radiculopathy & sciatica Board decisions

The Board denied the Veteran's claims for earlier effective dates for service connection due to finality of prior decisions and lack of new and relevant evidence.

The Veteran's service-connected disabilities, including prostate cancer residuals, sleep apnea, and lumbar spine degenerative changes, rendered him unable to secure substantially gainful employment prior to August 10, 2022. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Board has granted service connection for left lower extremity radiculopathy and denied the claims for increased ratings for acquired psychiatric disorder, back disability, and left knee disability. The appeal is granted in part.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantial gainful employment prior to April 15, 2011.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar strain with degenerative joint disease.

The Board has decided to remand the Veteran's claim for lumbar spinal stenosis with bilateral lower extremity radiculopathy due to insufficient evidence in the VA examiner's opinion. The case will be returned for a new examination and an adequate medical opinion.

The Board has determined that a remand is necessary to correct a pre-decisional duty to assist error and obtain a new medical opinion regarding the aggravation of left lower extremity sciatica by service-connected right knee disability.

The Board denied appeals for earlier effective dates for TDIU, a 30 percent rating for right ankle ankylosis status/post ORIF nondisplaced trimalleolar fracture, and a separate rating for LLE sciatic nerve radiculopathy. The Veteran's service-connected conditions were found to have been rated appropriately based on the evidence of record.

The Board denied an initial rating in excess of 10 percent for left and right lower extremity radiculopathy (sciatic nerve) as the evidence did not support a finding of more than mild incomplete paralysis.

The Board has remanded the Veteran's claims for service connection due to incomplete records and inadequate VA medical opinions. The AOJ is instructed to obtain complete STRs, including any classified jump records and OERs, and provide the Veteran with a comprehensive VA examination to determine if his current disabilities are related to his active service.

The Veteran's right lower extremity radiculopathy affecting the sciatic nerve is rated at 20 percent, but no higher, throughout the appeal period.

The Board has granted service connection for a low back disability, right lower extremity radiculopathy and sciatica, and left lower extremity radiculopathy and sciatica. The Veteran's symptoms have been observed since his military service.

The Board has granted service connection for left and right lower extremity radiculopathy, but denied service connection for a bladder condition. The Veteran's bilateral lower extremity radiculopathy is found to be related to his service-connected lumbar spine disability. Service connection for the bladder condition is denied due to lack of evidence linking it to any service-connected condition or period of active service.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Board has remanded the case due to conflicting VA opinions and a need for a new examination to determine if the Veteran's radiculopathy involves the femoral nerve, as well as its current severity.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and an evaluation in excess of 10 percent for sciatic nerve radiculopathy, left lower extremity.

The Veteran's right shoulder acromioclavicular strain has been granted service connection.,There is no current hearing loss disability for the purpose of VA compensation purposes.

The Veteran's claims for increased ratings and TDIU have been remanded due to pre-decisional duty to assist errors. An updated VA examination is needed for the spine and radiculopathy, and the TDIU claim must be adjudicated.

The Board has remanded the Veteran's claims due to new evidence being added to his case file and because of the need for updated VA examinations.

The Veteran's left lower extremity radiculopathy is granted as secondary to his service-connected lumbar strain. The rating for the lumbar strain remains at 40 percent, and a TDIU is granted from December 1, 2021.