Radiculopathy & sciatica decisions — 2024

The Veteran is granted a higher rate of special monthly compensation (SMC) due to his service-connected psychiatric disability and physical disabilities, resulting in the need for regular aid and attendance from another person.

The Board has remanded the case due to a duty-to-assist error, specifically failing to secure an appropriate examination and/or opinion regarding whether the Veteran's service-connected disabilities cause loss of use of his feet/legs. The claim is being returned for further action.

The Board has remanded the Veteran's claims for earlier effective dates and increased disability ratings for his radiculopathy conditions due to unclear evidence of when entitlement arose. The Veteran is seeking an earlier effective date for service connection, which may affect his current disability rating claims.

The Veteran's right lower extremity radiculopathy of the femoral nerve is rated at 20 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's initial disability ratings for back, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted at a 40 percent rating since February 13, 2017. The effective date of service connection is also set to February 13, 2017.

The Veteran's appeal is remanded for further examination and evaluation due to incomplete information in the existing records. The issues of service connection for migraines, pain in the lower right extremity (deep vein thrombosis), and radiculopathy of the bilateral lower extremities are being addressed.

The Veteran was granted a TDIU rating from January 19, 2019 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's appeals for ratings in excess of the currently assigned 10 percent ratings for her service connected right and left knee patellofemoral pain syndromes are denied. The appeal for service connection for cervical strain and right and left leg radiculopathy is remanded due to a duty to assist error.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of evidence from his active-duty service period.

The Board has denied service connection for left and right lower extremity radiculopathy, as well as vertigo. The appeal of hypertension was dismissed due to untimeliness.

The Board denied the Veteran's claims for service connection for a neck condition and bilateral cervical radiculopathy, finding no evidence of in-service injury or disease that caused these conditions. The Board also found no secondary service connection as the Veteran did not have any service-connected disabilities.

The Board has granted service connection for left shoulder strain and post-traumatic arthritis, cervical spine strain and post-traumatic arthritis, right upper radiculopathy (RUE), and left upper radiculopathy (LUE) as secondary to the Veteran's service-connected cervical spine condition.

The Veteran's claim for a higher rating for her right lower extremity radiculopathy and/or neuritis of the sciatic nerve is remanded due to the need for an adequate examination and etiological opinion.

The Veteran's back disability and bilateral lower extremity radiculopathy have been rated based on their current severity.,The Veteran's patellofemoral syndrome knee conditions have not resulted in a rating higher than the assigned.

The Board has dismissed the Veteran's claims for service connection for left and right upper extremity radiculopathy as secondary to cervical spine myofascial syndrome with degenerative arthritis, as these issues are moot due to a prior grant of service connection. The claim for service connection for trigger finger, left 4th digit is remanded.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation.

The Board has dismissed all appeals regarding service connection for tinnitus, increased ratings for right and left lower extremity radiculopathy, and an increased rating for lumbar strain with degenerative arthritis of the lumbar spine. The Veteran withdrew his appeal through his authorized representative in August 2024.

The Board denied the Veteran's request for earlier effective dates for service connection of sciatic and femoral radiculopathy in both lower extremities, finding that September 10, 2020 was the earliest date entitlement arose.

The Board has remanded the Veteran's claims for initial ratings in excess of 10 percent for bilateral lower extremity neuropathy related to the sciatic and femoral nerves due to duty-to-assist errors, inadequate examination reports, and need for a new opinion.

The Veteran's disability ratings for Degenerative Arthritis of the Spine with IVDS and Radiculopathy of the Left Lower Extremity have been reinstated to their previous levels.