Radiculopathy & sciatica decisions — 2024

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine with spondylosis and intervertebral disc syndrome is granted, with a maximum rating of 40 percent. The claim for radiculopathy, left lower extremity (sciatic nerve) is also granted, with a maximum rating of 20 percent.

The Board has remanded the claims for migraines, left lower extremity sciatica, and sleep apnea as secondary to service-connected conditions due to pre-decisional duty to assist errors. The Veteran's exposure to environmental hazards in the Gulf War is also being addressed.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and a higher rating for headaches. The specific issues are: left shoulder disability, radiculopathy of the upper extremities, unspecified sleep disorder, and increased rating for headaches.

The Veteran's left and right knee disabilities are granted as secondary to his service-connected lumbar spine disability. The Veteran's bilateral hearing loss claim is denied due to lack of current diagnosis. The Veteran's radiculopathy of the right upper extremity and cervical spinal stenosis with cervical fusion claims are denied.

The Board has dismissed the appeals as the underlying benefit sought on appeal (entitlement to service connection for bilateral lower extremity radiculopathy) was granted in March 2021.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of his back disability and its impact on incapacitating episodes requiring physician prescribed bedrest.

The Veteran's bilateral lower extremity radiculopathy and degenerative arthritis of the lumbar spine have been granted effective from February 1, 2011.,A separate noncompensable rating for bowel incontinence secondary to a lumbar spine disability has also been granted effective from February 1, 2011.

The Veteran's back condition and radiculopathy of the bilateral lower extremities are granted service connection as they are found to be related to his military service.

The Veteran's sleep apnea, diagnosed as severe and life-threatening with indices of greater than 55 respiratory disturbances and 55% oxygen saturation, was granted service connection on a secondary basis due to his service-connected back pain, depressive disorder, knee disabilities, and left lower extremity radiculopathy.,The Veteran's cause of death from acute myocardial infarction caused by severe obstructive sleep apnea syndrome is also granted.

The Veteran's claim for an earlier effective date for service connection of painful right ankle scars is denied. The appeal for a rating greater than 30 percent for painful right ankle scars and a compensable rating for nonpainful right ankle scars is also denied. SMC based on the need for aid and attendance of another person prior to January 8, 2019, and after July 1, 2019, is granted.

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 inextricably intertwined with these matters.

Your current rating for unspecified trauma and stressor related disorder is 30 percent, effective prior to September 7, 2023. The Board has found that your symptoms do not warrant a higher rating.,The Veteran's left knee degenerative arthritis may be service-connected through secondary service connection due to obesity. Further examination and medical opinion are needed to determine the etiology of this condition.,Your back disability (not specified) is currently not service-connected, but further evidence or argument may support its service connection.,Right lower extremity sciatica has no current service connection.

The Board has granted service connection for the Veteran's lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The conditions are related to her active service.

The Veteran's service-connected lumbar spine degenerative disc disease with intervertebral disc syndrome and bilateral lower extremity radiculopathy do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's initial disability ratings for right and left lower extremity radiculopathy have been granted at 40 percent each, effective August 15, 2018. The initial disability rating for the left knee chondromalacia patella has also been granted at 40 percent, effective December 26, 2018. The Veteran's right knee instability was denied as his initial disability rating of 10% is not met.

The Veteran's initial maximum schedular rating of 10 percent for status post bunionectomy, right foot, is granted. Other service-connected conditions are not rated higher.

The Veteran's right ankle fracture is rated at 10 percent, but no higher. The ratings for left and right lower extremity radiculopathy are denied as they do not meet the criteria for a rating in excess of 10 percent.

The Veteran's low back disability, radiculopathy of the femoral and sciatic nerves, and depression have been granted service connection with effective dates set at October 15, 2010. The rating for his low back condition is denied as it does not meet criteria for a higher rating.

The Board denied the Veteran's request for an earlier effective date for the grant of total disability due to individual unemployability (TDIU) prior to November 10, 2015. The evidence did not show that she was unable to secure or follow substantially gainful employment solely due to her service-connected disabilities before this date.

The Veteran's service-connected disabilities prevent her from obtaining and maintaining gainful employment, and the Board finds in favor of granting TDIU based on this finding.