Radiculopathy & sciatica decisions — 2024

The Veteran's appeals for service connection and increased ratings have been dismissed as the claims were granted in a September 2020 rating decision.,No effective date is assigned as all benefits are already in place.

The Board denied earlier effective dates prior to January 24, 2020 for the grant of service connection for left and right lower extremity femoral nerve radiculopathy due to lack of evidence showing a claim was filed before this date.

The Veteran's PTSD was rated at 50 percent prior to August 2, 2020, and at 70 percent thereafter. The appeal is remanded for further examination and rating considerations.,The Veteran's lumbosacral strain with intervertebral disc disease and lower extremity radiculopathy were not rated as requested in the decision.

The Veteran's claims for increased ratings and service connection were addressed in a September 2020 rating decision, which granted the requested effective dates.,The Veteran was granted service connection for an adjustment disorder with mixed anxiety and depression associated with GERD with H. Pylori status post laparoscopic Nissen fundoplication with residual bloating, flatulence, and inability to vomit, to include IBS.

The Board has decided to remand the case due to deficiencies in the March 2022 VA examiner's opinion, and additional evidence is needed.

The Veteran's claims for earlier effective dates for the 40 percent ratings for left and right lower extremity sciatic radiculopathy, as well as the 30 percent ratings for right and left knee flexion limited to 9 degrees, have been remanded.,The effective date for the award of service connection for OSA is granted on April 2, 2019.

The Veteran's application for Legacy S-DVI was denied due to his history of liver cancer, Hepatitis C, and GERD. The Board has determined that the decision on appeal is flawed due to a lack of underwriting procedures compliance and procedural errors in notification.

The Veteran is granted a TDIU beginning October 4, 2011. The claim for a TDIU prior to this date is denied.

The Board has decided to remand the case due to a need for additional medical opinions regarding whether service-connected disabilities caused or aggravated obesity, and if so, whether obesity was a substantial factor in causing OSA.

The Veteran's TDIU and SMC based on housebound criteria were granted, effective June 16, 2020. The appellant is eligible to attorney fees in the amount of 20% of past-due benefits awarded.

The Board has determined that there was a duty to assist error and remanded the case for an addendum opinion regarding whether the Veteran's erectile dysfunction disability is caused by or aggravated by his service-connected heart, back, and radiculopathy disabilities.

The Board found that the reduction in disability ratings for LLE and RLE lumbar radiculopathy involving the anterior crural nerve from 10 percent to noncompensable was proper, as there had been improvement in the Veteran's condition.

The Veteran's claim for service connection for left upper extremity radiculopathy was granted with an effective date of March 10, 2020. The Veteran also received a grant of basic eligibility to Dependents' Educational Assistance (DEA) from the same effective date.

The Board has remanded the claims for bilateral hearing loss and a back disability due to inadequate VA examinations. The appellant's service connection claims are being returned for further development.

The Board has restored service connection for degenerative arthritis of the spine and radiculopathy left lower extremity (sciatic nerve) as these conditions are found to be at least as likely as not related to service.

The Veteran's asthma and right lumbar radiculopathy ratings were reduced, but the reductions were not proper. The 30% rating for asthma and the 20% rating for right lumbar radiculopathy have been reinstated.,The issue of service connection for neck strain with degenerative changes was dismissed as moot.

The Veteran's claims for increased evaluations of her right and left knee disabilities were denied, with an effective date set at August 3, 2020.,An earlier effective date prior to August 3, 2020, was not granted for the grant of service connection for left lower extremity radiculopathy.

The Board has granted service connection for tinnitus and has remanded the claims of a lower back condition and left lower extremity radiculopathy due to inadequate VA examinations.

The Veteran's cervical and thoracolumbar spine disabilities are granted as service-connected, with a 40% rating for right upper extremity radiculopathy effective March 20, 2018.

The Veteran's claims for increased ratings and service connection were addressed in a September 2020 rating decision, which granted the requested effective dates.,The Veteran was granted service connection for an adjustment disorder with mixed anxiety and depression associated with GERD with H. Pylori status post laparoscopic Nissen fundoplication with residual bloating, flatulence, and inability to vomit, to include IBS.