Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection for obstructive sleep apnea, a lower back condition, and right side sciatica (claimed as secondary to the claimed lower back condition) are being remanded due to procedural errors in obtaining medical opinions and verifying STRs.

The Veteran's right and left knee disabilities are each rated at 10 percent. The Board has granted a 30 percent rating for the right knee disability and a 20 percent rating for the left knee disability.,The Veteran's IBS is presumed to be causally related to his service in Southwest Asia during the Persian Gulf War, resulting in a grant of service connection.,Service connection is granted for cervical spine disability due to its proximate cause being the Veteran's service-connected lumbar spine disability.,Service connection is granted for right upper extremity radiculopathy due to its proximate cause being the Veteran's service-connected cervical spine disability.,Service connection is granted for left upper extremity radiculopathy due to its proximate cause being the Veteran's service-connected cervical spine disability.

The Board has denied the appellant's claims for increased ratings for his service-connected radiculopathy of the right lower extremity affecting both the sciatic and femoral nerves, as these conditions are currently rated at 10 percent.,Additionally, the Board has remanded the issue of service connection for a right hip disability, which is related to his service-connected lumbar spine and left knee disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The issues are related to neck condition, bilateral upper extremity radiculopathy, and bilateral knee condition.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of January 25, 2008.

The Board has remanded the claims for sciatic radiculopathy and femoral radiculopathy due to confusion caused by conflicting evidence regarding muscle atrophy in the Veteran's right calf.

The Veteran is granted an effective date of October 26, 2008 for the award of both an extraschedular TDIU and basic eligibility for DEA benefits under chapter 35 due to his service-connected disabilities.

The Veteran's service connection claim for chronic kidney disease and degenerative disc disease of the thoracolumbar spine was denied. The Board also remanded claims for increased ratings for radiculopathy in both lower extremities.

The Board has ordered the VA to seek additional records and complete certain tasks related to the Veteran's claims for increased ratings of his back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board dismissed the appeal as it was improperly docketed and service connection for the claimed conditions has already been established in a previous decision.

The Veteran's claims for service connection are remanded due to the submission of additional issues not addressed in previous AOJ decisions. The TERA exposure and development is also required.

The Board has remanded the claims for TDIU and DEA benefits due to service-connected disabilities, as there is a duty-to-assist error regarding a private vocational opinion submitted in February 2014. The Veteran's entitlement to an extra-schedular TDIU prior to March 1, 2011, will be referred to the Director of Compensation for consideration.

The Veteran's bilateral hearing loss and left ankle condition were denied as there is no evidence of current disabilities.,The Veteran's degenerative arthritis, cervical spine condition, and sciatic nerve condition were also denied as the evidence does not support a connection to service.

The Veteran's death was not caused by a service-connected disability, and he did not meet the requirements for DIC under 38 U.S.C. § 1318 or service connection for cause of death.

The Veteran's service-connected disabilities rendered him unemployable, and the Board granted his TDIU claim from March 22, 2014.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability, finding that the evidence supports a link between his back condition and his leg pain.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Veteran's radiculopathy of the right and left lower extremities, as well as instability of her left knee, have been granted effective from October 21, 2015.,Earlier effective dates for these conditions are also granted.

The Veteran's service-connected conditions, including right upper extremity radiculopathy with muscle atrophy, major depressive disorder, and other disabilities, have rendered him in need of regular aid and attendance due to his inability to dress or undress himself, prepare meals, attend to the wants of nature, and require assistance for driving. The Board has determined that SMC based on the need for regular aid and attendance is warranted.

The Veteran's appeals for a higher rating for radiculopathy of the right upper extremity, left ear hearing loss, and chronic bronchitis have been dismissed. A 10 percent rating is granted for a painful scar of the left index finger.