Radiculopathy & sciatica decisions — 2024

The Veteran's LLE sciatic radiculopathy is rated at a 20 percent rating, effective from the date of the decision.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to the Veteran's service-connected depressive disorder associated with degenerative disc disease of the lumbar spine. The issue of service connection for Left Lower Extremity Disability (Radiculopathy) is remanded.

The Veteran withdrew his appeal, and the Board dismissed all issues related to severing service connection for various conditions.

The Veteran's service-connected disabilities, including sciatic nerve conditions and gout-related disabilities, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined rating of 80% due to these service-connected conditions.

The Veteran's right and left lower extremity radiculopathy with sciatic nerve impairment were granted a 20 percent rating prior to August 3, 2021. Since that date, the ratings have been denied.

The Board has granted the Veteran's petition to readjudicate his service connection claim for spinal stenosis, intervertebral disc displacement, and left lower extremity radiculopathy. The evidence submitted since the last denial on its merits supports a finding that these conditions are related to in-service ruck marches.

The Veteran's appeals for increased ratings were denied. The diabetes mellitus rating was not changed, the cataracts with visual field defects were rated at their maximum, and other conditions like peripheral neuropathy, hearing loss, and tinnitus did not meet criteria for higher ratings.

The Veteran's claims for increased ratings and service connection have been granted with effective dates of June 25, 2021. Basic eligibility to Dependents' Educational Assistance (DEA) has also been granted.

The Board has remanded four issues of entitlement to service connection for various disabilities, including bilateral hearing loss, obstructive sleep apnea, left lower extremity radiculopathy, and right and left hand disabilities manifesting in pain. The AOJ is directed to obtain clarification from the Veteran regarding his VA treatment records and attempt to obtain private treatment records. Additionally, a new examination is required for each issue.

The Board denied service connection for prostate cancer, fibromyalgia, reflex sympathetic dystrophy, chronic arthritis, left ankle disability, cervical spine (neck) disability, lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right upper extremity as there is no evidence of an in-service injury or event related to these conditions.

The Board has granted an earlier effective date of February 24, 2016 for the Veteran's service connection of cervical spine intervertebral disc syndrome, right arm cervical radiculopathy, and left arm cervical radiculopathy.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence linking the current left hip disability to service, and the low back disability was rated at 10 percent due to its degenerative nature.

The Veteran's left lower extremity radiculopathy is currently rated at 10 percent, but the Board has determined a higher rating of 30 percent is warranted.,For his bilateral pes planus to include bilateral plantar fasciitis, he was previously rated at 30 percent and now remains at that same level.

The Veteran's right shoulder condition is granted service connection. The evaluations for IVDS and sciatic radiculopathy are remanded. Service connection for chronic cough, sinusitis, allergic rhinitis, bilateral plantar fasciitis, and left shoulder condition are also remanded.

The Veteran's claims for service connection have been remanded due to insufficient evidence.,The Board is unable to grant an earlier effective date as the claim was not filed within one year of separation from service.

The Veteran's claims for specially adapted housing and home adaptations are remanded due to the need for current medical examinations and opinions regarding his service-connected back disability and associated radiculopathy.

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The Veteran's appeal for an increased rating for his right total knee replacement has been withdrawn.,An effective date of July 11, 2022, is granted for the award of service connection for right lower extremity radiculopathy.,The claim for an earlier effective date for left knee anterior cruciate ligament tear and osteoarthritis remains denied as there was no pending or unadjudicated claim prior to June 28, 2022.,Service connection is granted for the left medial malleus fracture status post open reduction internal fixation.,An increased rating of 10 percent is denied for right knee instability before March 22, 2010.,An increased rating of 10 percent is denied for left knee anterior cruciate ligament tear.,An increased rating of 10 percent is denied for low back strain with scoliosis and degenerative joint diseases with intervertebral disc syndrome.,A compensable disability rating is denied for right lower extremity radiculopathy.

The Veteran's claims for service connection for fibromyalgia, bilateral neurological disability of the upper extremities, and various evaluations for his lower extremity radiculopathies were denied. The Veteran's dominant wrist condition was also denied an evaluation in excess of 30 percent.,Service connection for fibromyalgia was not granted as there was no diagnosis of this condition.

The Veteran's claims for earlier effective dates related to service connection for various conditions have been denied. The Board found no other formal claims prior to the currently assigned effective dates that would entitle the Veteran to earlier effective dates.,The Veteran's claim for bilateral hearing loss was remanded due to an inadequate medical opinion regarding the etiology of his claimed condition.