Radiculopathy & sciatica decisions — 2021

The Veteran's SMC (r)(2) benefits for need of aid and attendance are granted, effective March 31, 2015. The RO failed to apply the correct rate due to a LCR error in applying asbestosis and coronary artery disease.

The Veteran's son is denied accrued benefits and benefits under 38 U.S.C. § 1805 as there was no pending claim for VA benefits at the time of his father's death, and he does not have a diagnosis of spina bifida.

The Board has denied the Veteran's claims for service connection for low back disability, erectile dysfunction (ED), urinary incontinence (UI), left lower extremity radiculopathy, and right lower extremity radiculopathy as there is no competent evidence linking these conditions to his military service.

The Veteran's son is denied accrued benefits and benefits under 38 U.S.C. § 1805 as there was no pending claim for VA benefits at the time of his father's death, and he does not have a diagnosis of spina bifida.

The Board granted a 40 percent rating for right upper extremity radiculopathy and a 20 percent rating for left upper extremity radiculopathy during the period on appeal beginning February 9, 2018.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy, finding that the Veteran's current disabilities are related to his military service.

Effective dates of March 1, 2013, have been granted for the awards of service connection for impairment of left muscle groups II, III, and IV.,No effective date earlier than May 26, 2017, has been granted for the awards of service connection for right shoulder osteoarthritis, lumbar degenerative disc disease, or bilateral lower extremity sciatic nerve dysfunction.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's bilateral lower extremity radiculopathy has been remanded for further examination to determine its current severity.

The Veteran's claims for increased ratings for lumbar spine degenerative disc disease and sciatic nerve radiculopathy were granted, with the exception of a remand for further evaluation. The Veteran was also granted TDIU on an extraschedular basis.

The Veteran's claims for increased ratings and TDIU are being remanded due to the addition of new evidence. The issues include lumbar spine IVDS with degenerative arthritis, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.

The Veteran's initial claim for higher ratings for his service-connected lumbosacral strain, migraine headaches, left knee patellofemoral pain syndrome, and radiculopathy of sciatic nerve was denied. The Veteran is currently rated at 20 percent for lumbosacral strain prior to January 27, 2020 and at 40 percent thereafter.,The Veteran's initial claim for a higher rating for his service-connected migraine headaches was granted with an initial 50 percent rating from January 3, 2013. The Veteran is currently rated at 50 percent for this condition.

The Veteran's disabilities are rated at 100 percent combined, but the Board finds that he does not meet the threshold requirement for specially adapted housing or a special home adaptation grant due to his multiple service-connected conditions.

The Veteran's right jaw disability, RLE and LLE radiculopathy were granted service connection. The Veteran's TBI/head injury with acquired psychiatric disorder was denied. Ratings for RLE and LLE radiculopathy were granted at 40 percent.

The Veteran's claims for increased ratings for his service-connected lumbosacral spine, left and right lower extremity radiculopathies are being remanded due to the need for further development.,No effective date is assigned as the preponderance of the evidence does not support an earlier diagnosis.

The Veteran's service-connected disabilities, including obstructive sleep apnea, left and right upper extremity carpal tunnel syndrome, lumbar spine condition, bilateral lower extremity radiculopathy, and dysfunctional bleeding, have rendered her unable to secure or follow substantially gainful employment.,VA has not provided a medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The examiner should determine whether it is at least as likely as not that the Veteran's obstructive sleep apnea is related to her military service, caused by her acquired psychiatric disorder, or aggravated by her service-connected acquired psychiatric disorder.

The Veteran's chronic lumbar strain with degenerative disc disease and radiculopathy of the left lower extremity are granted a rating of 40 percent, effective from July 21, 2021.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and proper notification of scheduled VA examinations.

The Board has granted service connection for bilateral lower extremity radiculopathy, which the Veteran contends is related to his service-connected low back disability. The appeal was remanded for additional development and further examination.

Service connection is granted for degenerative disk disease of the lumbar spine with bilateral radiculopathy and headaches. Service connection for left knee disability and right knee disability are remanded.

The Veteran's appeal is remanded for further development, including obtaining an adequate examination to assess the severity of his service-connected left lower extremity radiculopathy and a TDIU rating prior to September 13, 2018.