Radiculopathy & sciatica decisions — 2024

The Veteran's major depressive disorder with anxious distress is rated at 70 percent, effective from December 23, 2021. The Board also granted entitlement to a TDIU based on the combined effect of his service-connected disabilities.

The Veteran's service-connected disabilities, including bilateral knee osteoarthritis and low back pain with spinal stenosis, have rendered him unable to secure or follow a substantially gainful occupation. The effective date for the TDIU is April 5, 2021.

The Board has granted an effective date of June 13, 2016 for the award of service connection for left and right lower extremity radiculopathy. The rating assigned is 10 percent.

The Veteran's service-connected right and left leg sciatic radicular pain and paresthesia are granted. An initial 20 percent rating for a service-connected neck condition is granted, effective from December 9, 2020. The Veteran's increased ratings for the back condition and PTSD are denied.

The Veteran's hypertension is rated as noncompensable, and the Board denied a higher rating.,The Veteran's radiculopathy of left lower extremity and right lower extremity are both rated at 20 percent.,The Veteran's bilateral eye cataracts do not meet the criteria for a compensable rating.,The Veteran's bilateral hearing loss does not meet the criteria for a compensable rating.

The appeal has been dismissed due to the Veteran's death. The Board cannot issue a decision on the underlying claims at this time.

The Veteran's radiculopathy, right lower extremity, sciatic nerve was granted an earlier effective date of November 27, 2017.,The Veteran's thoracic scoliosis with degenerative joint disease and spondylosis is denied a rating in excess of 40 percent.

The Veteran's GERD is service connected as it is proximately due to his service-connected knee disabilities. Service connection for the lumbar spine, thoracic spine, right lower extremity radiculopathy, and left lower extremity radiculopathy disabilities are granted as they are proximately due to his service-connected knee disabilities.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, and the Board found that it does not warrant a higher rating based on the evidence of record.

The Board has granted service connection for right and left upper extremity radiculopathy in a May 2022 rating decision, which resolved the Veteran's appeal. The appeal is dismissed as moot.

The Veteran's lumbar spine disability is rated at 40 percent effective August 11, 2020. The rating for LLE radiculopathy remains at 20 percent. Ratings of 20 percent and 10 percent are granted for right knee degenerative arthritis and lateral instability, respectively, both effective August 11, 2020. No ratings in excess of the current ones are granted for left distal fibula fracture and residuals of stress fracture, right distal radius fracture residuals, or left foot painful scar and scar.

An effective date earlier than August 22, 2015, for the award of service connection for RLE radiculopathy is denied.,An effective date earlier than August 29, 2018, for the award of service connection for LLE radiculopathy is denied.,A grant of service connection for surgical scars, status post right knee meniscectomy with an effective date of February 23, 2013, but no earlier, was granted.

The Veteran's claims for increased ratings for left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the femoral nerve, and lumbar degenerative disc disease were denied. The Board found that the evidence did not meet the criteria for higher disability ratings.

The Board has granted service connection for a cervical spine disability and associated bilateral upper extremity radiculopathy due to the finding of clear and unmistakable error in the February 2017 Statement of the Case.

The Board has remanded the issue of TDIU prior to June 28, 2021 due to uncertainty in the VA examiner's statement regarding the impact of bilateral lower extremity radiculopathy on sedentary employment.

Service connection is granted for chronic bronchitis pursuant to the PACT Act. Service connection is denied for left knee disability, right knee disability, Morton's neuroma of the left foot, thoracolumbar disability, left shin splints, and right shin splints.

The appeal has been dismissed due to the Veteran's death. The claims for service connection have not been decided.

The Board has remanded the case due to an error in not considering a secondary service connection theory for the Veteran's cervical spine disability, and also requires further examination to determine if any diagnosed conditions are congenital defects or diseases resulting from injuries during service.

The Veteran's hypertension was denied as not related to service or a service-connected condition.,Higher ratings for upper extremity diabetic peripheral neuropathy were denied due to the severity of symptoms and muscle strength levels.

The Board denied the claim as the appellant is not recognized as a child of the Veteran for VA death pension benefits due to his step-grandchild status, and he does not meet the criteria for being permanently incapable of self-support at age 18.