Radiculopathy & sciatica decisions — 2024

The Veteran requires assistance in accomplishing daily activities and is unable to protect himself from hazards due to his service-connected conditions, including PTSD with major depressive disorder, postoperative residuals of bowel injury, back condition, abdominal scars, radiculopathy, hernia, and a scar. SMC based on the regular need for aid and attendance is granted.

The Veteran's bilateral lower extremity radiculopathy was granted a higher initial evaluation based on clear and unmistakable error (CUE).

The Board has decided to remand the Veteran's claims for an earlier effective date for a higher rating for right lower extremity radiculopathy and TDIU due to a duty to assist error. The RO must obtain a retrospective opinion from an examiner to evaluate the severity of the Veteran's symptoms during the period prior to March 6, 2017.

The Veteran's service connection claims for various gastrointestinal and spinal conditions are remanded due to incomplete records, lack of rationale in the examination reports, and other procedural errors.

The Veteran's claim for service connection of a sciatic nerve disorder of the left lower extremity was granted with an effective date of March 13, 2007. The Board determined that this earlier effective date is appropriate based on the procedural history and evidence of record.

The Veteran's service-connected disabilities were evaluated and some ratings were reduced, while others were granted or maintained.,Service connection was established for a right leg discrepancy disability.

The Board denied service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, and residuals of a lipoma of the low back.,There is no current evidence showing that the Veteran has these conditions.

The Board dismissed the appeals for increased ratings for various lower extremity radiculopathies as they were not properly docketed in the AMA review system due to a claims processing error.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal.

The Veteran's right and left lower extremity radiculopathy have been granted an initial rating of 20 percent, but no higher.

The Veteran's migraines, cervical spine disability, right upper extremity radiculopathy, and bilateral foot disability have been granted service connection. The Veteran also received a TDIU effective March 27, 2018, and SMC at the housebound rate effective that date.

The Veteran's service-connected multi-level disk bulging of the lumbar spine and sciatica, left lower extremity are granted a 40 percent evaluation effective December 3, 2010.

The Veteran's PTSD is granted at a 70% rating, effective from the date of the decision. The Veteran's tension headaches are granted at a 30% rating, effective from June 13, 2019. The Veteran's right lower extremity radiculopathy of the external cutaneous nerve and posterior tibial nerves is granted at a 70% rating, effective March 26, 2020. The Veteran's TDIU claim is denied.

The Board denied earlier effective dates for service connection of lower extremity radiculopathy, finding no statutory or regulatory authority to support an earlier date.

The Board has dismissed the appeal due to the Veteran's passing, and no further action can be taken on these claims.

The appeal as to entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine with right hand radiculopathy is dismissed. The Veteran's TDIU and DEA benefits are granted from December 25, 2006 to May 1, 2012.

The Veteran's service-connected disabilities meet the schedular rating criteria for a TDIU, and his unemployability is due to his chronic pain conditions. The Board grants TDIU from September 15, 2020.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment due to his physical conditions, including knee, hip, and back issues.

The Veteran's TDIU and DEA benefits are granted effective February 15, 2012. The Board found the Veteran unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected disabilities do not result in a loss or loss of use of any lower extremity or upper extremity, and thus he does not meet the criteria for specially adapted housing.