Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU) for the entire period on appeal.

The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's radiculopathy of the left upper extremity is currently rated at 20 percent, and the Board has determined that this rating is not appropriate due to the mild nature of his symptoms.

The appellant has withdrawn their appeal, satisfied with the current ratings and effective dates for all issues.

The Veteran's service-connected disabilities, including hepatitis B infection, prostate cancer with voiding dysfunction, PTSD, and various neuropathies, have rendered him in need of regular aid and attendance due to his physical limitations. The Board has determined that the criteria for SMC based on the need for regular aid and attendance are met.

The Veteran's claims for service connection for lumbar disability and related radiculopathies have been granted with effective dates of February 24, 2017.

The Veteran's migraine headaches and obstructive sleep apnea are granted service connection. The lumbosacral strain is granted a 40 percent rating, but no higher. The initial compensable ratings for chronic sinusitis, left lower extremity radiculopathy, right lower extremity radiculopathy, and right elbow lateral epicondylitis are denied.

The Veteran's right lower extremity radiculopathy is rated at a 40 percent rating since February 1, 2014. The claim for TDIU prior to May 6, 2017, and DEA benefits prior to May 6, 2017, are denied.

The Board has granted service connection for Irritable Bowel Syndrome (IBS) and remanded the remaining issues due to insufficient evidence.

The Veteran's lumbar spine disability, right and left lower extremity radiculopathy, and bilateral knee disabilities have been granted increased ratings effective November 19, 2020. The effective date for the service connection of these conditions is also set at this time.

The Board dismissed the appeals regarding reductions in ratings for various lower extremity and right knee conditions, finding that the evidence did not support a reduction or restoration of ratings.

The Board has granted earlier effective dates for the awards of a 40 percent disability rating for the back disability, service connection for sciatic and femoral radiculopathy of the right lower extremity, and Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35. However, the claim of entitlement to an increased rating for the back disability is remanded due to a pre-decisional error in VA's duty to assist.

The Veteran's back condition, allergic rhinitis, hemorrhoids, right lower extremity radiculopathy, left lower extremity radiculopathy, and tension headaches (secondary to PTSD) have all been granted service connection.

The Veteran's claims for service connection on a secondary basis have been remanded due to the need for additional medical opinions regarding her claimed conditions.

The Veteran's claims for bilateral lower extremity radiculopathy were denied effective dates prior to January 16, 2020.,The Veteran's initial disability ratings in excess of 10 percent for bilateral lower extremity radiculopathy were also denied.

The Veteran's left lower extremity radiculopathy is rated at 20 percent since November 28, 2018. The Board has determined that the evidence does not support a higher rating for this condition.,VA did not properly consider whether the Veteran was unemployable due to service-connected disabilities prior to October 15, 2015 and is therefore remanding the case for further action on this issue.

The Board has denied service connection for radiculopathy in both upper extremities and torn rotator cuff with residuals and surgery on the left shoulder due to a lack of competent and probative evidence showing these conditions were incurred or aggravated by military service.

The Board has granted a 20 percent rating for left lower extremity radiculopathy, finding moderate incomplete paralysis. The Veteran's symptoms include constant pain and reduced reflexes in the left lower extremity.

The Veteran's ratings for DDD, thoracolumbar spine with degenerative arthritis, LLE radiculopathy, sciatic nerve, and RLE radiculopathy, sciatic nerve were restored to their previous levels of 20 percent effective April 22, 2021.

The Board has remanded the Veteran's claims for cervical spine condition, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity due to pre-decisional errors in obtaining evidence and providing a medical opinion. The claims are being returned to the AOJ for further development.