Radiculopathy & sciatica decisions — 2024

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not render him unable to secure or maintain substantially gainful employment during the period on appeal.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 40 percent, and the Board finds no basis to grant a higher rating.,The effective date for the 40 percent rating for BLE radiculopathy cannot be prior to October 7, 2022.

The Veteran's disability ratings for bilateral lower extremity radiculopathy of the sciatic nerve were restored to 20 percent effective January 1, 2020.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, leading to a grant of SMC based on the need for aid and attendance.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for right lower extremity sciatic radiculopathy, finding that his symptoms were most consistent with mild incomplete paralysis.

The Veteran's cervical spine disability, radiculopathy of the right upper extremity (dominant), and radiculopathy of the left upper extremity are rated at 30%, 40%, and 30% respectively. The Board denied all requests for higher ratings.

The Veteran's bilateral lower extremity radiculopathy is found to be caused by her service-connected back disability, and the Board grants service connection for this condition.

The Veteran's appeal for service connection of a psychiatric disability, left shoulder disability, hearing loss disability, tinnitus, and right lower extremity disability was dismissed due to untimely filing of the Notice of Disagreement (NOD).,The Veteran's claim for an initial rating greater than 10 percent for lumbosacral strain was denied as her symptoms did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's service-connected rheumatoid arthritis and related disabilities are found to prevent him from working, and the case is being referred for extraschedular consideration.

The Veteran's appeals for earlier effective dates for service connection and initial ratings were denied as there was no evidence of an increase in disability during the one-year prior to his November 11, 2020 claim.,The Veteran's appeals for earlier effective dates for increased ratings were also denied as there was no evidence of an increase in disability during the one-year prior to his November 11, 2020 claim.

The Veteran's service-connected disabilities rendered him unable to obtain and follow substantially gainful employment, leading to a TDIU award effective April 1, 2017.

The Board has determined that the Veteran's claims for earlier effective dates and increased evaluations are remanded due to a duty to assist error. The issues of entitlement to TDIU are also remanded as they are inextricably intertwined with the other issues.

The Board denied the Veteran's claims for an effective date prior to November 1, 2018, for service connection of a lumbar spine disability and associated left lower extremity radiculopathy. The decision stated that there was no legal entitlement to an earlier effective date as the August 2014 rating decision denying the Veteran's claim became final when he did not timely perfect an appeal.

The Board denied the Veteran's claims for increased ratings for left and right sciatica, finding that the evidence did not support the requested increases.

The Veteran's LLE radiculopathy is rated at 20 percent, RLE radiculopathy at 10 percent, and DDD/IVDS of the lumbar spine at 10 percent. The appeal for higher ratings has been denied.

The Veteran's motion to revise a May 2015 rating decision is remanded due to the AOJ not addressing the CUE theories as raised in the Veteran's May 2020 CUE Motion, specifically regarding the failure to consider and/or exclude favorable medical evidence from Dr. M., and the denial of radiculopathy claims.

The Veteran's service-connected conditions have led to the need for regular aid and attendance, warranting SMC based on the need for aid and attendance. The issue of SMC at the housebound rate is dismissed as it is a lesser benefit than SMC based on aid and attendance.

The Veteran withdrew his appeals regarding the reduction in disability rating for right upper extremity radiculopathy and cubital tunnel syndrome, an initial evaluation for right ankle lateral collateral ligament sprain, service connection for right flatfoot associated with metatarsalgia, left upper extremity ulnar nerve neuropathy (previously carpal tunnel syndrome and cubital tunnel syndrome), and service connection for right upper extremity carpal tunnel syndrome.

The Board has granted an effective date of September 6, 2019 for the service connection of diabetic neuropathy in multiple lower and upper extremities.

The Board has dismissed the appeal regarding earlier effective dates and initial ratings for cervical strain with degenerative arthritis and intervertebral disc syndrome, as well as right upper extremity cervical radiculopathy.