Radiculopathy & sciatica Board decisions

The Board denied the Veteran's claim for a TDIU as he did not return a completed VA Form 21-8940 to support his claim, and there is no evidence demonstrating that he is unable to obtain or retain gainful employment due to his service-connected disabilities.

The Veteran's appeals for service connection and rating increases have been dismissed. The Board has remanded several issues including right foot neuropathy, left foot neuropathy, sleep apnea, cervical spine disability, lumbar spine disability, bilateral primary open angle glaucoma, chronic fatigue syndrome, and lower extremity radiculopathy.

The Board has remanded the Veteran's claims of entitlement to separate disability ratings for bilateral lower extremity radiculopathy, service connection for a bladder disability and erectile dysfunction due to his service-connected residuals, lumbar laminectomy, with bilateral bone fusion and posterior lateral stabilization, intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, and bilateral lower extremity radiculopathy.

The Veteran's low back disorder and associated left lower extremity radiculopathy have been granted a separate compensable rating of 20 percent, effective from April 10, 2017. The claim for an increased rating for the lumbar spine remains denied.

The Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment for the period prior to July 18, 2020.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of performing the physical and mental acts required by employment.

The Board has remanded the claims for sleep apnea, back condition, and bilateral lower extremity radiculopathy to obtain additional medical opinions addressing the etiology of these conditions. The issues are inextricably intertwined due to the potential impact on the back claim.

The Board has remanded the Veteran's claims for bilateral upper extremity radiculopathy due to incomplete examination and failure to address certain medical records. The examiner must provide an opinion on whether the disabilities are related to service, caused by or aggravated by his service-connected back disability, and consider a July 2015 VA treatment record.

The Veteran's right and left lower extremity sciatic nerve radiculopathies have each been granted a rating of 10 percent, effective from December 17, 2009. The Veteran's lumbar spine DDD has also been granted a 10 percent rating, effective from the same date.

The Board has determined that additional development is needed for the cervical spine, lumbar spine, and upper extremity radiculopathy claims due to the need for retrospective medical opinions. The remaining issues are remanded for readjudication.

The Veteran's sciatic neuropathy of the right lower extremity is granted as secondary to his service-connected stress reactions of the feet and ankles. The effective dates for other claims are remanded.

The Board has remanded the case due to insufficient examination addressing secondary service connection for left lower extremity disability (sciatica, radiculopathy, and foot numbness) to include as secondary to service-connected low back pain and/or left leg shin splints.

The Board has restored the Veteran's ratings for radiculopathy of the right and left lower extremities. The claims of service connection for OSA and increased rating for low back disability are being remanded due to insufficient evidence.

The Board has denied service connection for right and left knee, leg, and hand disabilities (other than sciatic nerve pain) as there is no evidence of a current disability separate from the Veteran's service-connected back and sciatic nerve pain.

The Veteran's appeals for increased ratings and service connection have been withdrawn.,The Veteran's claims for deviated septum, obstructive sleep apnea, acid reflux, heart disability (enlarged heart and cardiomyopathy), restless leg syndrome of the right leg, restless leg syndrome of the left leg, and TDIU are REMANDED.

The Board has ordered a remand to obtain an independent medical expert opinion regarding the Veteran's sciatic nerve damage following hip replacement surgery. The appeal will be reconsidered based on this new evidence.

The Veteran's service connection for migraine headaches is granted. The rating for pansinusitis prior to August 7, 2019, is increased to 30 percent; however, the rating as of August 7, 2019, remains at 50 percent. The rating for hiatal hernia with GERD prior to August 7, 2019, is denied. The rating for cervical spine disability and right carpal tunnel syndrome with radiculopathy are remanded.

The Board has remanded the cases due to inconsistencies in the record and for further development. The Veteran's RLE radiculopathy/neuropathy is associated with his back disability, but BUE peripheral neuropathy is not related to service or herbicide exposure.

The Veteran's LLE radiculopathy is granted with a rating of 20 percent. The issue of service connection for an acquired psychiatric disability, to include depression and PTSD, is remanded due to incomplete information.

The Veteran's service-connected disabilities prevent her from obtaining and maintaining substantially gainful employment, and the Board has granted a TDIU based on this finding.