Radiculopathy & sciatica decisions — 2024

The Veteran's claims for clothing allowances were denied because the evidence did not show that her knee braces or cane caused damage to her outer garments, and shoes are not considered clothing for VA purposes.,The Veteran was found to have multiple service-connected disabilities including PTSD, lumbosacral strain, bilateral hearing loss and bronchitis, right and left knee conditions, tinnitus, and radiculopathy. However, the evidence did not show that her knee braces or cane caused damage to her outer garments.

The Board has dismissed the appeal as the April 2020 proposed reduction of ratings for service-connected conditions was not an adjudicative determination and thus no question of law or fact is presented.

The Veteran's UTI disability requires intermittent intensive management, including intermittent prescription antibiotics use when she has a UTI. Her disability does not require drainage, frequent hospitalization or continuous intensive management, nor manifest in renal dysfunction or bladder or urethral fistulae.,For the left hip and right hip disabilities, the VA examinations did not provide information on the onset of pain during range of motion testing.

The Veteran's claims for service connection have been granted, with effective dates of February 1, 2019. The conditions are deemed to be directly related to his military service.

The Veteran's lumbar spine condition, right and left lower extremity radiculopathy were granted effective November 13, 2017.

The Veteran's thoracolumbar disability (back injury) is found to be related to his active-duty service.,His right and left lower extremity radiculopathy are determined to be secondary to his service-connected lumbar disability.

The Veteran's lumbosacral strain is rated at 40 percent, effective January 1, 2021.,Entitlement to a rating of 40 percent for lumbosacral strain has been granted.

The Veteran's appeals for increased disability evaluations have been dismissed due to the submission of a VA Form 10182 that is not valid for initiating Board review.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death.

The Board denied an earlier effective date for the grant of SMC aid and attendance based on need for regular aid and attendance from October 19, 2021. The Veteran's VA treatment records showed he was not permanently bedridden or so helpless as to need regular aid and attendance prior to October 19, 2021.

The Veteran's service-connected lower extremity neuropathy does not result in loss of use of his feet, thus he is ineligible for financial assistance in purchasing an automobile or adaptive equipment.

The Veteran's appeals for increased ratings in multiple service-connected disabilities have been dismissed. A TDIU has been granted due to the combined effect of his psychiatric and physical disabilities.

The Veteran seeks an earlier effective date for the award of service connection for his lumbar spine disability. The Board finds that no such claim was submitted prior to October 13, 2010.,The Veteran's appeal is remanded for a new VA examination and rating determination regarding his service-connected degenerative arthritis of the lumbar spine.

The Veteran's appeal has been withdrawn and is dismissed for all issues related to increased evaluations for various disabilities, including migraine headaches, cervical spine disability, radiculopathies of the upper and lower extremities, and lumbar spine disability. The Veteran also withdrew his request for a restoration of a 30 percent disability rating for irritable bowel syndrome (IBS) and for a total disability rating based on individual unemployability prior to February 21, 2017.

The Board has granted service connection for cervical spine disability, left and right upper extremity radiculopathy, and bilateral carpal tunnel syndrome. The diagnoses are based on the Veteran's reported symptoms and medical evidence.,Service connection is established for these conditions as they are related to her active duty service.

The Veteran's initial 50% evaluation for degenerative arthritis of the lumbar spine is granted, and his prior evaluations for radiculopathy of the right and left lower extremities are also granted.

The Veteran's claims for service connection of acquired psychiatric disabilities, left lower extremity sciatica nerve disability, and right lower extremity disability are being remanded due to pre-decisional duty to assist errors. The Board will provide a VA examination to address the issues.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining employment consistent with his occupational and vocational experience, leading to a TDIU grant.

The Board has granted service connection for GERD, Hernia, Obstructive Sleep Apnea, Cervical Spine Disability, Left Upper Extremity Radiculopathy (secondary to cervical spine disability), Right Upper Extremity Radiculopathy (secondary to cervical spine disability), Thoracolumbar Spine Disability, Left Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), Right Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), and Left Knee Disability (secondary to bilateral foot disabilities, pes planus) and Right Knee Disability (secondary to bilateral foot disabilities, pes planus).

The Veteran's service-connected disabilities, including PTSD with TBI and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating effective July 18, 2019. Service connection for esophageal cancer is remanded due to the PACT Act's expansion of presumptive conditions.