Radiculopathy & sciatica decisions — 2024

The Board has dismissed the claim for a TDIU from July 19, 2023 due to the grant of a combined 100 percent rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s). The appeal for a TDIU prior to July 19, 2023 is remanded as it may be eligible for extraschedular consideration.

The Veteran's effective date for a 30 percent rating for migraine headaches is granted as of July 8, 2020.,Effective dates prior to October 26, 2020 are denied for increased ratings for cervical spine strain, right upper extremity cervical radiculopathy, left upper extremity cervical radiculopathy, right elbow lateral epicondylitis, right leg varicose veins, and left leg varicose veins.

Service connection is granted for sciatica of the right and left lower extremities as secondary to service-connected lumbar spine disability. Service connection is denied for irritable bowel syndrome (IBS). The Veteran's psychiatric disorder, including PTSD, and cervical spine disability are inextricably intertwined with the sciatica claims and will be remanded.

The Board has dismissed the claims of service connection for right lower extremity radiculopathy and left lower extremity radiculopathy due to a full grant in February 2022. The dental condition, bowel condition (IBS and irritable colon), and migraine headaches are remanded.

The Veteran's appeals for earlier effective dates have been dismissed as the claims were not filed within one year of the final rating decisions.

The Veteran's claim for a rating in excess of 10 percent for right knee patellofemoral pain syndrome was denied. The claims for reinstatement of the ratings for right and left upper extremity radiculopathy were dismissed.

The Veteran has withdrawn all issues related to service connection and evaluations for various conditions, including hypertension, hip disabilities, knee disabilities, cervical spine DDD, migraines, and left leg radiculopathy. As a result, the Board dismisses these claims.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining his private medical records and inadequate opinions from VA examiners. The AOJ is instructed to obtain these records and provide adequate opinions.

The Veteran's mood disorder is granted as it was caused by the medications taken for his service-connected gastroesophageal reflux disease (GERD).,Service connection for left and right knee disabilities is denied due to lack of evidence showing a chronic disability in service or within one year after separation.

The Board denied service connection for a bilateral hip condition secondary to flat feet, BLE radiculopathy (right knee) and left ankle condition (claimed as left ankle fracture residuals). The Veteran's subjective reports were not supported by objective medical evidence.,Service connection was also denied for BLE radiculopathy secondary to a lumbosacral strain. The Board found that the Veteran did not have any current disability or persistent symptoms of BLE radiculopathy.

The Veteran's claims for increased ratings and service connection were denied as there was no pending claim prior to June 10, 2019.,The Veteran's right ankle sprain claim was denied due to the finality of a previous denial in July 2013.

The Veteran withdrew his appeal before the Board could make a decision.

The Board has denied the Veteran's claims for service connection for right upper extremity and left upper extremity cervical radiculopathy, finding that there is no evidence to support a link between his current disabilities and his military service.

The Board dismissed the appeal regarding whether the reduction of the disability rating for left lower extremity radiculopathy from 20% to 10% was proper, as the proposed reduction had not been implemented and the Veteran's condition remained rated at 20%.

The Veteran's low back disability was granted an increased rating of 40 percent, but no higher. The initial ratings for LLE and RLE sciatic radiculopathy were denied.

The Veteran's service-connected disabilities are collectively so severe as to preclude all forms of substantially gainful employment, and the Board has granted entitlement to TDIU.

The Board has granted earlier effective dates of August 14, 2015 for a 20 percent rating for left and right lower extremity sciatic nerve impairments.

The Veteran's bilateral lower extremity radiculopathy was evaluated at 10 percent, and the issues of entitlement to increased evaluations were denied.

The Veteran's migraines are not service-connected, as they are not causally related to his active-duty service or due to his service-connected PTSD.,His radiculopathy of the left lower extremity is currently rated at 10 percent. The right lower extremity was initially rated at 40 percent prior to January 11, 2021, and then upgraded to 80 percent thereafter.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as early as December 12, 2018. The Board has granted TDIU from March 7, 2019.