Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection for lumbosacral strain, left sciatic radiculopathy, and right sciatic radiculopathy have been granted with effective dates of August 18, 2017.

The Veteran's claims for increased ratings for his back disability and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes, as required by the applicable rating criteria.

The Veteran's service-connected PTSD, bilateral lower extremity peripheral neuropathy (sciatic nerve), and upper extremity peripheral neuropathy have been granted effective December 21, 2022. The RO also continued the evaluations for his service-connected disabilities.

The Veteran's claims for service connection and increased ratings have been granted, with effective dates of August 12, 2019. He is now entitled to a disability rating of 40 percent for degenerative arthritis of the lumbar spine.

The Board dismissed the Veteran's appeal for service connection due to his withdrawal of the claim for bilateral hearing loss. The remaining claims for tinnitus, multiple joint disorders (shoulders, elbow, back, knees, ankles, feet, toes), and radiculopathy were denied as not supported by evidence of a current disability or a causal relationship to service.

The Board has dismissed the appeal due to the Veteran's death, and no one has requested substitution for the Veteran.

The Veteran's radiculopathy of the right and left lower extremities have been granted initial ratings of 20 percent each, resolving all reasonable doubt in his favor.

The Board is remanding the claims of service connection for lower back pain conditions, upper back pain conditions, right and left upper extremity radiculopathy, heart condition, and hypertension due to duty-to-assist errors. The Veteran's hearing loss claim remains denied.

The Veteran's service-connected disabilities, including right upper extremity radiculopathy, left upper extremity radiculopathy, cervical spine degenerative disc disease, right shoulder strain, lumbar spine strain with degenerative disc disease, and right lower extremity radiculopathy, rendered him unable to secure and maintain substantially gainful employment. The Board granted TDIU based on the combined rating of 80 percent for these service-connected disabilities.

The Board has determined that the Veteran's claims for higher initial ratings, service connection, and eligibility for Dependents' Educational Assistance (DEA) benefits must be remanded due to errors in obtaining relevant medical records from Social Security Administration (SSA), as well as errors in assessing the Veteran's employment status and his assertions regarding secondary service connection.

The Veteran's migraines, including migraine variants, are found to be secondary to his service-connected depression.,The Veteran's sciatica of the right and left lower extremities is found to be secondary to his service-connected degenerative disc disease, lumbar spine.

The Board has remanded the case due to a duty to assist error regarding left lower extremity radiculopathy. The Veteran's lumbar spine disability and TDIU are granted, along with SMC under 38 U.S.C. § 1114(s) for specified periods.

The Veteran's claims for earlier effective dates for service connection of radiculopathy of the bilateral upper extremity middle radicular nerve and bilateral lower extremity sciatic nerves are granted, with effective date of June 28, 2018.,The Veteran's claims for increased ratings of his lumbar spine and cervical spine disabilities on June 28, 2018, include consideration of the radiculopathies as part of those claims. The effective dates are granted based on when he filed these claims.

The Veteran's claim for tinnitus has been granted, as the evidence supports a finding that his current tinnitus is at least as likely as not related to in-service noise exposure.,The Veteran's claims for bilateral hearing loss and left lower extremity radiculopathy have been remanded due to insufficient medical opinions regarding their etiology.

The Veteran's lumbosacral strain and associated radiculopathy have been granted service connection.,Secondary service connection for right and left lower extremity radiculopathy to the lumbosacral strain has also been granted.

The Veteran's lumbar spine disability and related radiculopathy of the sciatic nerve are rated at 20% and 40%, respectively. The Board has found that remand is necessary for further development regarding service connection claims for various joints and erectile dysfunction.

The Veteran's appeals for increased ratings and service connection have been dismissed as he has requested to withdraw all issues on appeal.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or special home adaptation due to his inability to use assistive devices and lack of loss of use of any extremities.

The Veteran's appeal is remanded for further evaluation of his service-connected disabilities.,Service connection claims for type II diabetes mellitus and obstructive sleep apnea are also remanded.

The Veteran's lumbosacral spine degenerative disc disease, left lower extremity sciatic nerve disability, and PTSD have all been granted service connection.