Radiculopathy & sciatica decisions — 2024

The Veteran is granted a TDIU due to PTSD alone, effective June 28, 2020.,SMC at the housebound rate was granted as of July 28, 2020, based on his service-connected disabilities combined independently rating at 60 percent or more.,Prior to July 28, 2020, SMC was not warranted due to insufficiently rated service-connected disabilities.

The Board denied service connection for thoracolumbar spine condition, right lower extremity radiculopathy, left lower extremity radiculopathy, and left ankle condition.,Service connection was not granted as the evidence did not support a finding that these conditions began during active service or were related to an in-service injury or disease.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to April 10, 2018. The Board has determined that an effective date earlier than April 10, 2018 is not warranted for the grant of a TDIU on a schedular basis and has remanded the case for referral to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's right lower extremity radiculopathy is granted a 20 percent rating, effective from the date of the November 2020 decision. The appeal for TDIU as a legacy appeal is dismissed as moot.

The Board has granted service connection for the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his in-service injuries.

The Board has granted an earlier effective date of December 1, 2017 for the Veteran's service-connected degenerative arthritis of the lumbosacral spine and radiculopathy, right lower extremity.

The Board has granted earlier effective dates for LUE neuropathy, RUE neuropathy, LLE neuropathy, and RLE neuropathy. The Veteran is now entitled to increased ratings for his bilateral upper and lower extremity neuropathies.

The Veteran's claim for service connection for sinusitis is denied as there is no current diagnosis of sinusitis and the symptoms are attributed to rhinitis.,The Veteran's claim for an increased rating for MS with dysphasia and constipation is denied as her symptoms do not warrant a higher combined rating.

The Veteran's service connection claims for right and left leg radiculopathy have been fully granted in a December 2022 rating decision, thus the appeal is dismissed.

The Board denied the Veteran's claim for an effective date prior to June 4, 2017, for a 20 percent rating for lumbar radiculopathy of the left femoral nerve. The Board found that there was no factual basis to support an earlier effective date due to insufficient evidence showing a specific increase in severity within the year prior to the claim.

The Veteran's claims for lumbar spine degenerative arthritis and intervertebral disc syndrome, left hip strain with limited flexion, right lower extremity femoral nerve radiculopathy, and right lower extremity sciatic nerve radiculopathy were granted effective May 23, 2017.,The Veteran's claims for left hip strain with thigh impairment, left hip strain with limited extension, and left hip strain with limited flexion were denied.

The Veteran's request to readjudicate the claim for service connection for left lower extremity radiculopathy is denied. The Board also remanded the issue of entitlement to a rating in excess of 20 percent for right lower extremity radiculopathy.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is currently rated at 10 percent, and the Board does not find evidence to support a higher rating.,The Veteran's right knee strain is currently rated at 10 percent, with no indication of a need for a higher rating based on the provided information.,The Veteran's right shoulder strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.

The Veteran's sciatica with right lower extremity radiculopathy is granted a 20% initial rating. The claim for service connection of left lower extremity radiculopathy is remanded.

The Veteran's claims for service connection have been granted due to new evidence submitted, including the passage of the PACT Act. The appeals are granted.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation based on aid and attendance.

The Veteran's request for an earlier effective date for radiculopathy, right lower extremity was denied.,Basic eligibility to Dependents' Educational Assistance (DEA) from February 14, 2018 was granted.,An initial 30 percent rating for migraine headaches was granted and the effective date is set at February 14, 2018.

The Board has granted earlier effective dates of February 1, 2019, for service connection of lumbar radiculopathy right and left lower extremities.

The Veteran's TDIU claim is granted from May 20, 2017. The SMC under 38 U.S.C. § 1114(s) claim is granted from June 11, 2018.