Radiculopathy & sciatica decisions — 2022

The Veteran's appeal for increased ratings on eleven service-connected disabilities is dismissed due to the absence of a notice of disagreement (NOD) for the October 2017 rating decision that awarded the maximum, 50 percent rating for bilateral plantar fasciitis.

The Veteran's appeal for an increased rating and earlier effective date in establishing service connection for right lower extremity radiculopathy has been dismissed due to the appellant's representative withdrawing the appeal.

The Veteran's appeal for increased ratings for left lower extremity radiculopathy of the sciatic nerve and varicose veins of the left lower extremity has been withdrawn, resulting in the dismissal of these claims.

The Board has granted service connection for lumbar and cervical spine degenerative disc disease, left and right upper extremity cervical radiculopathy, bilateral hip disability, and bilateral knee osteoarthritis. The issues of service connection for a bilateral hand disability, sinus disability, retention cyst maxillary sinus, varicose vein disability of the bilateral lower extremities, urinary incontinence disability, and service connection for sleep apnea have been remanded.

The Veteran's lumbar spine disability, right and left lumbar radiculopathy, and left knee posttraumatic osteoarthritis have been granted initial ratings. A TDIU has also been granted.

The Veteran's appeal is remanded for additional examinations and to obtain outstanding treatment records. The issues of increased ratings for radiculopathy, a higher rating for major depressive disorder, and TDIU are also remanded.

The Veteran's claims for increased ratings prior to April 27, 2021 were denied as his radiculopathy of the femoral and sciatic nerves did not meet the criteria for a compensable rating.

Service connection is granted for degenerative arthritis of the spine and radiculopathy of the right lower extremity as secondary to service-connected degenerative arthritis of the spine.,Service connection is denied for a fatigue condition.

The Board dismissed the Veteran's appeals for higher ratings for low back disability and radiculopathy of both lower extremities due to a withdrawal request by the Veteran and his representative.

The Veteran's claim for increased ratings and effective dates has been decided.,Service connection for TMJ is remanded, and the issue of CUE in the November 2011 rating decision regarding lumbar spine disability is referred to the RO.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and a pre-decisional duty to assist error.

The Veteran's low back disability is granted as service connected. The bilateral hip condition and left knee disability are denied.

The Veteran's service-connected conditions do not meet the criteria for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment, as his vision impairment does not qualify under the specified regulations.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is remanded for an updated CEAT review.

The Board denied service connection for a left shoulder disorder, left lower extremity radiculopathy and peripheral neuropathy (to include as due to a low back disorder), and a low back disorder. The decision is based on the lack of evidence showing an in-service injury or nexus.

The Veteran's application for PCAFC benefits was remanded due to the need for caregiver training and assessments, as well as a potential extension of the initial assessment period.

The Veteran's service-connected back disability, bilateral lower extremity radiculopathy, and left ankle disability cause incapacity requiring aid and assistance on a regular basis. SMC due to the need for Aid and Attendance (A & A) is granted, but the claim of entitlement to SMC at the housebound rate is denied. SAH and SHA are also denied.

The Veteran's initial rating for degenerative arthritis of the lumbar spine is denied as it does not meet the criteria for a higher rating.,The Veteran's initial ratings for radiculopathy of the left and right lower extremities are also denied, as they do not meet the criteria for a higher rating prior to September 13, 2021.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the appeal due to lack of an allegation of error in the determination.