Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected TBI does not require the need for personal healthcare services provided on a daily basis in his home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed healthcare professional. The effects of the Veteran's service-connected disabilities do not meet the requirements necessary to warrant special monthly compensation at any rate.

The Board has determined that the Veteran's claims for service connection for various radicular disorders and TBI, as well as migraines, are not properly adjudicated based on the evidence of record at the time of the July 2021 decision. The Board finds there were pre-decisional duty to assist errors in obtaining medical opinions and examinations.

The Veteran's hypertension, left and right lower extremity radiculopathy, and TDIU claims are being remanded due to the need for additional development.,An earlier effective date for DEA benefits is denied as it would precede the grant of TDIU.

The Board has remanded the Veteran's claims for a total disability rating based on individual unemployability and basic eligibility to Dependents' Educational Assistance due to errors in decision-making process.

The Veteran's service-connected conditions do not meet the criteria for SMC based on aid and attendance or housebound status due to his ability to feed himself, prepare meals, manage finances, attend to personal needs such as shaving and toileting, and walk without assistance.

The Veteran's migraine headaches are currently rated at 50 percent effective February 29, 2016. The claim for a higher rating is denied.,The Veteran's right upper extremity radiculopathy is currently rated at 40 percent effective September 17, 2015. The claim for a higher rating is denied.,The Veteran's left upper extremity radiculopathy is currently rated at 30 percent effective September 17, 2015. The claim for a higher rating is denied.,The Veteran's left lower extremity varicose veins are not compensable prior to April 19, 2019. The claim for an increased rating is denied.,The Veteran's PTSD has been rated at 70 percent effective May 15, 2015, and the claim for a higher rating is denied.,Service connection for PTSD was granted on May 15, 2015.

The Board has remanded the claims for service connection for lumbar spine disorder, right hip disorder, left hip disorder, right lower extremity sciatica, and left lower extremity sciatica due to insufficient evidence in the record. The Veteran's lay statements regarding her symptoms will be considered, as well as her in-service complaints of back pain and muscle spasms.

The Board has granted an effective date of June 9, 2017 for the award of a TDIU and basic eligibility to Dependents' Educational Assistance under 38 U.S.C., Chapter 35.

The Board has granted an earlier effective date of July 29, 2019 for the increased disabling rating of 40 percent for lumbosacral strain, left leg radiculopathy, and right leg radiculopathy.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,Service connection for left shoulder disability is denied because the in-service left shoulder strain resolved prior to separation from service and is unrelated to the current diagnosis.

The Veteran's bilateral lower extremity radiculopathy of the femoral nerve is granted with a 30% disability rating, effective from January 8, 2021.,Service connection for bilateral lower extremity radiculopathy of the sciatic nerve and right and left sacroiliac joint dysfunction are granted as secondary to service-connected degenerative arthritis with lumbosacral strain.

The Veteran's claims for an effective date earlier than August 10, 2022, and initial compensable rating for hypertension are denied. The Board also finds that the Veteran's nerve disabilities (left and right lower extremity radiculopathy or peripheral neuropathy) need to be remanded for further examination.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus type II, and sciatic neuropathy associated with his diabetes, have rendered him unable to secure or follow a substantially gainful occupation since June 28, 2008. The Board has granted an earlier effective date of March 31, 2008 for the TDIU.

The Veteran's left upper extremity radiculopathy is granted with a rating of 40 percent, effective July 13, 2018.,The Veteran's lumbosacral strain and thoracic spine spondylosis (back disability) are remanded for further evaluation as the Board finds that there may be ankylosis or similar pathology not previously addressed in the October 2018 VA examination report.,The Veteran's cervical spine strain is remanded for further evaluation as the Board finds that there may be ankylosis or similar pathology not previously addressed in the October 2018 VA examination report.

The Veteran's service-connected disabilities, including right shoulder rotator cuff tear with degenerative arthritis and lumbar spine conditions, have prevented him from securing or following substantially gainful employment since February 27, 2018. The Board has remanded the issues of service connection for prostate cancer and TDIU prior to February 27, 2018.

The Veteran's claims for an effective date prior to December 4, 2015, for service connection of obstructive sleep apnea and a compensable evaluation for hypertension are denied.,The Veteran's claim for an increased rating for obstructive sleep apnea is denied as the evidence does not meet the criteria for a higher rating under Diagnostic Code 6847.,The Veteran's claim for an increased rating for diabetes mellitus, right upper extremity diabetic neuropathy (all radicular groups), left upper extremity diabetic neuropathy (all radicular groups), right lower extremity diabetic neuropathy (sciatic nerve), and left lower extremity diabetic neuropathy (sciatic nerve) is denied as the evidence does not meet the criteria for a higher rating under Diagnostic Codes 8513, 8513, 8520, or 8520.

The Board denied the Veteran's claims for earlier effective dates for increased evaluations of his service-connected PTSD and radiculopathy, right lower extremity (sciatic nerve), finding no evidence of an increase in disability within one year prior to November 30, 2020.

The Veteran's TDIU claim is denied as he does not meet the minimum percentage rating required for consideration of schedular TDIU prior to July 31, 2019.

Service connection for left eye dry eye syndrome and right and left lower extremity sciatica (radiculopathy) due to lumbar strain has been granted.,The reduction of the rating for right eye epiphora from 10 percent to 0 percent was improper, and a 10 percent rating is restored.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU on an extra-schedular basis.