Radiculopathy & sciatica decisions — 2022

The claims of entitlement to service connection for a left shoulder disorder, right shoulder disorder, reflux disorder, and sciatica of the left leg have been dismissed as they were granted by the agency of original jurisdiction.

The Board denied earlier effective dates for the grant of service connection for peripheral neuropathy of the bilateral lower extremities, finding that the Veteran's formal application was received more than one year after his intent to file.

The Veteran's service-connected disabilities, including coronary artery disease, lumbosacral strain with degenerative arthritis and disc disease, cervical strain, radiculopathy of the lower extremities, and tinnitus, preclude him from following a substantially gainful occupation for which his education and occupational experience would otherwise qualify him. The Board granted entitlement to a TDIU on an extraschedular basis pursuant to 38 C.F.R. � 4.16(b).

An effective date of September 12, 2008 is granted for service connection of Adjustment Disorder with Depression and Anxiety.,The Veteran's claim for Left Lower Extremity Radiculopathy was granted in June 2016 with a rating of 10% effective January 24, 2012.

The Veteran's claims for higher ratings for his cervical strain and radiculopathy of the upper extremities have been denied. He is currently receiving a 20% rating for his cervical strain, and 30% and 40% ratings for his left and right upper extremity radiculopathy, respectively.

The Veteran's lumbosacral strain and radiculopathy disabilities are being remanded for further development.,Service connection claims for knee, sleep apnea, neck, upper extremity neurological disorders, and PTSD-related conditions are also being remanded.

The Veteran's claims for increased ratings and effective dates are being remanded due to procedural issues. The Board will issue a Statement of the Case (SOC) in response to these claims.

The Veteran's right knee disability has not resulted in limitation of flexion to 30 degrees or less, resulting in a denial for ratings in excess of 10 percent.,The Veteran's left knee disability has not resulted in limitation of flexion to 30 degrees or less, resulting in a denial for ratings in excess of 10 percent.,A separate 10 percent rating is granted for right knee instability from April 19, 2016 and for left knee instability from the same date.,Service connection is granted for chronic low back pain, radiculopathy of the lumbar region, muscle spasms, and sprain of ligaments of the lumbar spine.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.

The Board has denied service connection for cervical spine condition, sciatic nerve radiculopathy (both lower extremities), bilateral lumbosacral disorder, and migraines. The claims of service connection for PTSD, depression and anxiety, and sleep disorder are remanded.

The Veteran's service-connected conditions do not require the regular aid and attendance of another person at any point during the period on appeal, thus his claim for SMC based on need for regular aid and attendance is denied.

The Board has granted an increased disability evaluation of 20 percent for the Veteran's service-connected right and left lower extremity radiculopathy, effective June 1, 2013. The appeal was denied for evaluations in excess of 20 percent.

The Board has remanded the Veteran's claims for additional development, including verifying his exposure to herbicide agents and dichlorodiphenyltrichloroethane (DDT) while stationed at Redstone Arsenal in Alabama.

The Veteran's right and left lower extremity sciatic radiculopathies have been granted a 40 percent rating throughout the appeal period.,A separate 30 percent rating for femoral nerve involvement of service-connected left lower extremity lumbar radiculopathy from April 1, 2019 has also been granted.

The Veteran's appeal for an increased rating for his service-connected chronic thoracic strain is remanded due to the need for a new VA examination to assess the severity of his disability and any associated radiculopathy.

The Board has granted service connection for sleep apnea, but denied service connection for right upper extremity radiculopathy and lumbar spine disability prior to the effective date of January 9, 2020.

The Veteran's claims for increased ratings and an effective date prior to December 7, 2011 were denied. The Board found that the current rating of 40 percent adequately reflected his disability.

The Board has granted service connection for a cervical spine disability and a lumbar spine disability with radiating pain (lower extremity sciatica). Service connection is also remanded for left hip and right hip disabilities.

The Board has vacated a previous decision and is now remanding the case to ensure full compliance with contested claims procedures, specifically providing K.K. with copies of the Statement of the Case and the content of the substantive appeal.

The Board has determined that additional evidence was submitted and remands the case for readjudication.