Radiculopathy & sciatica decisions — 2024

The Veteran's cervical radiculopathy of the LUE and lumbar radiculopathy of the RLE are granted service connection. Service connection for cervical radiculopathy of the RUE is denied.

The Veteran withdrew her appeals for service connection for posttraumatic stress disorder, a rating in excess of 10 percent for lumbar radiculopathy of the right lower extremity of the sciatic nerve, and a rating in excess of 10 percent for lumbar radiculopathy of the left lower extremity of the sciatic nerve. As such, these appeals are dismissed.

The Veteran's claims for hypertension, throat cancer with dysphagia, diabetic retinopathy, hypothyroidism, left upper and lower extremity peripheral neuropathies, and diabetes have been remanded due to a pre-decisional duty to assist error.,Additionally, the Veteran's claim for TDIU prior to April 14, 2021, and earlier effective date for Basic eligibility to Dependents' Education Assistance (DEA) benefits are also being remanded.

The Veteran's service-connected peripheral neuropathy of the right lower extremity did not manifest prior to January 25, 2004. Therefore, an effective date earlier than January 25, 2004, for this condition is denied.

The Veteran's back condition is granted as service connected.,His bilateral lower extremity radiculopathy involving the sciatic nerve is also granted as secondary to his now service-connected back condition. The issue of polyuria and proteinuria (urinary condition) is remanded for further review.,Service connection for polyuria and proteinuria as secondary to obstructive sleep apnea is remanded.

The Veteran's appeal for a rating in excess of 40 percent for right lower extremity radiculopathy is dismissed.,The Veteran's appeal for an initial rating in excess of 20 percent for diabetes mellitus, type II, is denied.

The Veteran's PTSD was rated at 70 percent effective January 6, 2021, based on VA treatment records indicating symptoms warranting a 70 percent evaluation. The Board found no evidence of an earlier increase in disability.,The Veteran's cervical spine condition was rated at 30 percent effective February 3, 2022, based on a VA examination showing symptoms warranting the increase. The Board found no indication of an earlier ascertainable worsening.

The Board has denied the Veteran's claims for service connection for thoracolumbar spine disability, IBS, sciatic pain, anxiety, and depression as there is no evidence of a current disability or in-service event that would support these claims.

The Board has granted an earlier effective date of November 24, 2020 for the Veteran's service connection claims for cervical spine degenerative arthritis, left upper extremity radiculopathy, and right upper extremity radiculopathy. The decision is based on the fact that the Veteran submitted a complete application within one year of his intent to file form.

The Board has determined that the June 2022 rating decision severing service connection for bilateral hearing loss was improper and remanded the claims of entitlement to service connection for low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity.

The Veteran's lumbosacral strain with disc degeneration is rated at 20 percent, which does not meet the criteria for a higher rating.,From May 9, 2017 to September 8, 2020, the Veteran's left lower extremity radiculopathy was rated at 10 percent. From September 9, 2020 to June 28, 2021, it was rated at 10 percent. After that period, a higher rating is not warranted.

The Board denied a higher disability rating for the appellant's service-connected right lower extremity radiculopathy, sciatic nerve, finding that it more closely approximated moderate incomplete paralysis of the sciatic nerve.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a TDIU.

The Board has decided that the Veteran's claim for radiculopathy, right lower extremity should be remanded due to a lack of chiropractic treatment records. The AOJ is required to request these records and review them before making a decision.

The Board denied a higher initial disability rating for radiculopathy of the left lower extremity, finding that it was productive of no more than mild incomplete paralysis.

The Veteran's right knee disability is denied as there is no current diagnosis. The Board finds that the Veteran does not have a current cervical spine, lumbar spine, left upper extremity carpal tunnel syndrome, right upper extremity carpal tunnel syndrome, or left upper extremity radiculopathy disability. Hypertension and an acquired psychological disorder are diagnosed but the Board cannot establish service connection due to lack of evidence linking these conditions to service.

The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn by the Veteran. The Board has dismissed all issues on appeal.

The Veteran's claim for TDIU and DEA was granted with an effective date of December 20, 2022. The Board found that the increase in disability occurred within one-year prior to the date of claim.

The Board has granted a disability rating of 20 percent for the appellant's right lower extremity radiculopathy, but dismissed the issue regarding the lumbar spine surgical scar.

The Veteran's service-connected conditions, including degenerative joint disease with low back strain, right and left lower extremity radiculopathy, and bilateral plantar fasciitis with calcaneal spur and hallux valgus of the left foot, required regular aid and attendance. SMC based on need for aid and attendance is granted.