Radiculopathy & sciatica decisions — 2023

The Board denied service connection for cervical strain and degenerative joint disease, lumbar strain and degenerative joint disease, right hip bursitis, and lower extremity sciatica as these conditions are not related to the Veteran's active service or a service-connected condition.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to service-connected bilateral lower extremity radiculopathy, as there is insufficient clarification on the nature, cause, and severity of the muscular atrophy noted in January 2018 and May 2020.

The Board has remanded the claims for service connection for left and right lower extremity radiculopathy, as well as OSA. The TDIU claim is also being remanded.

The Veteran's appeals for increased ratings for left lower extremity radiculopathy and degenerative disc degeneration were denied. The 10% rating for the left lower extremity radiculopathy was not granted, while the 20% and 40% ratings for the back disability prior to and after February 4, 2020 respectively, were also not granted.

The Veteran's right lower extremity radiculopathy is granted a 20 percent rating prior to July 31, 2020. The left lower extremity radiculopathy does not meet the criteria for an initial rating in excess of 10 percent from July 31, 2020 onwards.

The Board has granted service connection for bilateral lower extremity numbness secondary to radiculopathy. The issues of service connection for kidney pain and bladder discomfort have been remanded.

The Veteran's chronic cervical strain and upper extremity radiculopathy were evaluated, with the Board finding that a higher rating was warranted for his cervical strain but not for his radiculopathies. The issues of increased ratings for these conditions are remanded.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he is currently employed and his combined rating is at least 70%.

The Board has remanded the Veteran's claims for service connection due to issues with her left lower extremity radiculopathy, left foot disability, right hip arthritis, and left ankle disability. The appeals are related as they involve disabilities that may be secondary to other conditions in service.

The Veteran's claims for increased ratings for scoliosis with mild arthritic changes, left and right lower extremity radiculopathy are being remanded due to lack of substantial compliance with prior Board remand directives.

The Veteran withdrew his appeals for the claims of loss of balance, degenerative arthritis of the lumbar spine with intervertebral disc syndrome and degenerative disc disease, lumbar spine radiculopathy, and an initial rating in excess of 30 percent for herniated nucleus pulposus (HPN) of the cervical spine.

The Veteran's TDIU claim is remanded due to the need for a comprehensive VA examination considering all of his service-connected conditions, including those not previously considered in the previous examinations.

The Board has granted the Veteran's claim for SMC based on need for aid and attendance due to his service-connected disabilities. The decision denied entitlement to a compensable rating prior to October 29, 2020 and a disability rating in excess of 10 percent for service-connected TBI beginning October 29, 2020.

The Board has remanded several service connection claims and the TDIU rating claim due to outstanding VA treatment records, potential radiation exposure during service, and other issues. The Veteran's case will be further developed before being reconsidered.

The Veteran's lumbar spine disability, right and left lower extremity sciatic radulopathy, and left knee disability are rated at 20 percent each. The Veteran is granted a TDIU rating since July 3, 2013, and SMC at the housebound rate from November 17, 2016 to December 19, 2017.

The Veteran's service-connected disabilities did not meet the criteria for SMC based upon the need for regular aid and attendance from July 12, 2011, to January 29, 2019. The Board found that he was capable of performing most daily activities with some assistance.

The Board dismissed the appeals for increased ratings and TDIU as the appellant withdrew his appeal prior to a decision being made.

The Veteran's service-connected disabilities necessitated the aid and attendance of another, leading to a grant of SMC based on aid and attendance.

The Board has granted service connection for an acquired psychiatric disorder, a cervical spine condition, and left upper extremity radiculopathy as secondary to the cervical spine condition. A 50 percent rating is assigned for migraines since December 17, 2019.

The Veteran's lumbar spine disability was granted a 40% rating effective January 10, 2019.,Effective November 21, 2019, the Veteran's left lower extremity radiculopathy is rated at 10%. The TDIU became effective on December 17, 2021.