Radiculopathy & sciatica decisions — 2023

The Veteran's lumbar spine disability, including a T-9 vertebral fracture, is currently rated at 20 percent. The Board found that the current rating adequately reflects the severity of his condition throughout the appeal period.

The Board has granted an initial disability rating of 40% for the Veteran's lumbar spine disability. The case is remanded to evaluate radiculopathy and TDIU.

The Board has granted service connection for the Veteran's back disorder, finding that it is related to his military service. The decision resolves all doubts in favor of the Veteran.

The Veteran's service-connected disabilities, including PTSD and multiple musculoskeletal conditions, have resulted in a combined rating of 80 percent. The Board has granted a TDIU rating from March 25, 2020.

The Veteran's appeal for earlier effective dates for increased ratings of his service-connected cervical spine and right upper extremity radiculopathy disabilities is dismissed.,The Veteran's claim for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is granted with an effective date of July 8, 2019.

The Veteran's cause of death was intracerebral hemorrhage and hypertension. The Board finds a VA medical opinion is necessary to determine if his service-connected conditions caused or contributed to his death.

The Board has dismissed the Veteran's appeal for service connection of sleep apnea. The claims for increased ratings of right and left lower extremity radiculopathy have been denied, with a rating of 20% granted for each condition.

The Board has dismissed the appeal for service connection and rating for degenerative disc C3-C4, C5-C6 with cervical radiculopathy due to the Veteran's withdrawal of the appeal.

The Veteran's appeals for restoration of ratings for left and right lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has granted service connection for the Veteran's radiculopathies of the upper and lower extremities as secondary to his service-connected cervical and lumbar spine disabilities.

The Veteran was granted an effective date of July 24, 2012 for TDIU and DEA based on his service-connected disabilities.,His service-connected conditions rendered him permanently and totally disabled from that date.

The Board has decided to remand the case due to a duty to assist error and an inadequate medical opinion. The Veteran's claim for service connection for lower back pain with sciatica associated damaged disc is being returned to the AOJ for further action.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment as of January 6, 2015.

The Veteran's appeals for increased ratings for various foot and back conditions have been denied. The Board found that the evidence did not support a higher rating for any of the conditions.

The appeal as to the proposal to reduce the disability rating from 20 percent to 0 percent for right upper extremity radiculopathy (minor) is dismissed.,The appeal as to entitlement to an earlier effective date for an increased rating for service-connected migraine headaches is dismissed.,Entitlement to an effective date prior to June 12, 2018 for the assignment of a 30 percent disability rating for DDD of the cervical spine with IVDS is denied.,Entitlement to an effective date prior to January 2, 2018 for the grant of a TDIU is denied.

The Board dismissed the appeal regarding the rating reduction for RLE radiculopathy from 20 percent to 10 percent. The rating reduction for LLE radiculopathy was upheld at 10 percent effective January 1, 2020.

The Veteran's claims for increased ratings and effective date determinations are being remanded due to the submission of additional evidence not previously considered by the RO.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, depression, and anxiety, has been reopened. Service connection is granted for tinnitus and RLE radiculopathy effective May 25, 2016. The claims for right-hand, left-hand disabilities, and bilateral hand conditions are remanded.

The Veteran's service-connected peripheral neuropathy disabilities have been remanded for further evaluation due to the possibility of increased severity.

The Veteran's claims for higher ratings on the right and left lower extremity radiculopathy of the sciatic nerve, as well as degenerative disc disease of the lumbar spine with intervertebral disc syndrome and lumbar strain, and right and left hip osteoarthritis are being remanded due to incomplete medical records.,The Veteran's claims for higher ratings on the right and left lower extremity radiculopathy of the sciatic nerve, as well as degenerative disc disease of the lumbar spine with intervertebral disc syndrome and lumbar strain, and right and left hip osteoarthritis are being remanded due to incomplete medical records.