Radiculopathy & sciatica decisions — 2024

The Board denied the Veteran's claims for service connection for lower back condition, radiculopathy RLE as secondary to lower back condition, and radiculopathy LLE as secondary to lower back condition. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board has identified due process errors and is remanding the issues of the propriety of reductions in the Veteran's right and left lower extremity diabetic peripheral neuropathy ratings, as well as the issue of an earlier effective date for Total Disability Rating based on Individual Unemployability (TDIU) prior to August 13, 2021.

The Board has granted earlier effective dates for the Veteran's TDIU and DEA benefits, but has remanded his claim for an increased rating for back disability due to insufficient evidence.

The Board denied the Veteran's requests for earlier effective dates for service connection of carpal tunnel syndrome of both wrists, finding that entitlement to benefits arose on September 1, 1999, but the claim was filed later.

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities, including somatic symptom disorder and related spinal conditions.

The Board has granted an earlier effective date of October 3, 2018 for the grant of a total disability rating for compensation purposes based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's appeals for increased ratings in excess of 30 percent for bilateral plantar fasciitis with calcaneal spur and hallux valgus, left lower extremity radiculopathy, and right lower extremity radiculopathy have been dismissed due to the death of the Veteran. The appeal is not about service connection but rather a request for increased ratings.

The Veteran's service-connected disabilities prevented her from securing or following substantially gainful employment since March 31, 2019. The claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings.

The Board has remanded the Veteran's claims for increased ratings and entitlement to a TDIU due to an internal inconsistency in the November 2019 VA examination report, which did not clearly distinguish between radiculopathy of the femoral nerve versus other nerves. The Veteran is scheduled for a new VA examination to determine the current severity of his radiculopathy of the bilateral lower extremities, femoral nerve.

The Veteran's neck disability is rated 20 percent from May 1, 2013, and 30 percent thereafter. The rating for back disability has not been met. The right ankle disability was denied as it did not meet the criteria for a higher rating prior to October 30, 2020, and 20 percent thereafter. The right lower extremity radiculopathy is rated 20 percent.,The Veteran's left hip disability and diabetes mellitus are remanded for further review.

The Board has determined that the Veteran's lower back disability, including conditions such as lumbar intervertebral disc degeneration and lumbosacral strain, is related to his active duty service. The decision grants service connection for these disabilities.

The Veteran's claim for a compensable evaluation for his residual lumbosacral spine scar was denied.,The Veteran's claims for effective dates prior to June 24, 2021 for the grants of service connection for left and right lower extremity femoral nerve radiculopathy were granted.

The Veteran was granted service connection for right and left lower extremity sciatica, each rated at 10 percent effective September 30, 2020.,The Veteran was also granted service connection for right and left upper extremity radiculopathy, each rated at 20 percent effective October 30, 2020.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.

The Board denied attorney fees for past-due benefits awarded in the September 2023 decision granting a TDIU, as this was considered the initial decision on the Veteran's May 2023 increased rating claims.

The Veteran's appeal for service connection for anxiety disorder and/or panic attacks is dismissed. The right shoulder disability has been granted a rating of 30%. Other issues have been remanded.

The Board has granted service connection for a lumbar spine disability and right lower extremity radiculopathy, finding that these conditions are caused or aggravated by the Veteran's service-connected right knee disability.,The decision also acknowledges that there is reasonable evidence suggesting entitlement to secondary service connection for right lower extremity radiculopathy.

The Veteran's service-connected conditions, including PTSD and back disability, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating for compensation effective October 1, 2020.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment due to his limitations on walking, sitting, standing, lifting, carrying, and sleep disturbances.

The Board has reopened the claims for service connection for bilateral tinnitus, right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, left wrist disorder, left hand disorder, right shoulder disorder, cervical spine disorder, and left upper extremity radiculopathy disorder due to new and relevant evidence submitted since the March 2019 rating decision.,The Board has reopened the claim for service connection for bilateral hearing loss disorder but has not determined whether there is a current disability.