Radiculopathy & sciatica decisions — 2024

The Veteran's headache disorder is granted a 50 percent rating effective January 29, 2018. The initial ratings for lumbar DDD and RLE radiculopathy are denied.

The Veteran's claims for an initial rating in excess of 50 percent for depressive disorder with anxious distress and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to obtain the Veteran's vocational rehabilitation folder, as well as a VA retrospective medical opinion addressing his ability to secure and follow substantially gainful employment during the appeal period.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, as his bilateral lower extremity peripheral neuropathy limits his ability to perform physical tasks required for sedentary employment.

The Veteran's PTSD is rated at 30 percent prior to January 27, 2020 and denied for higher ratings thereafter. His back condition is rated at 40 percent after January 27, 2020 and denied for higher ratings. The neck condition and left lower extremity radiculopathy are both denied for higher ratings. The right shoulder condition is rated at the highest available rating of 40 percent.

The Veteran's back condition and left lower extremity radiculopathy were granted service connection effective June 28, 2020.,A 40 percent rating for the back condition was also granted effective June 28, 2020.

The Board has denied the appellant's claim for a TDIU due to his service-connected disabilities, finding that he is not unemployable prior to June 5, 2023. The combined rating of his service-connected conditions does not meet the criteria for a TDIU.

The Veteran's service-connected disabilities, including Bipolar Disorder and Intervertebral Disc Syndrome with Degenerative Arthritis of the Thoracolumbar Spine, have rendered him totally occupationally impaired. The Board denied his request for VR&E benefits to pursue a Doctorate degree in either Business Administration or Psychology.

The Veteran's temporary total evaluation for hypertrophic inferior turbinates is denied.,Service connection for left and right upper extremity radiculopathy, as well as sleep apnea and allergic rhinitis are remanded due to insufficient evidence.

The Veteran's increased ratings for service-connected disabilities, including a headache disability and femoral radiculopathy of the lower extremities, were granted in response to a supplemental claim filed on August 31, 2022. The award of past-due benefits is eligible for attorney fees.

The Veteran's claim for service connection for left lower extremity radiculopathy has been granted with a 10% rating effective August 16, 2022. The appeal is dismissed.,The proposed reduction of the Veteran's rating for degenerative arthritis of the right hip with impairment of thigh to noncompensable status was not final and therefore the appeal is also dismissed.

The Board has granted service connection for the Veteran's low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy as secondary to his low back disability.

The Veteran's claim for earlier effective dates for service connection of various conditions, including diabetes mellitus type II and peripheral neuropathy, was denied. The Board found that the Veteran did not serve in Vietnam and thus could not be granted presumptive service connection under the PACT Act.,Service connection for erectile dysfunction was also denied as there is no evidence to support a direct or secondary link between the condition and service.

The Veteran's right lower extremity radiculopathy is granted a 10 percent rating effective from March 30, 2016. The left lower extremity radiculopathy does not meet the criteria for a compensable rating prior to January 22, 2020.

The Veteran's claims for higher ratings for bilateral hearing loss, service connection for an acquired psychiatric disorder (PTSD), traumatic brain injury, headache disorder, lower back disorder, right and left lower extremity radiculopathy are all remanded due to inadequate examinations and development.

The Board denied a higher rating for radiculopathy of the right lower extremity, finding that it is currently manifested by moderate incomplete paralysis and does not meet the criteria for a higher rating.

The Veteran's radiculopathy of the right and left lower extremities, PTSD, and low back disorder were granted initial disability ratings. The Veteran's PTSD was denied a higher rating.

The Veteran's disability ratings for left and right upper extremity radiculopathy are restored to their original levels, effective September 1, 2020. Her basic eligibility to Dependents' Educational Assistance (DEA) benefits is also restored.

The Veteran's claims for earlier effective dates and increased ratings have been denied.,The Veteran's claim for SMC based on the need for aid and attendance of another is remanded due to inextricably intertwined issues.

The Veteran's right lower extremity radiculopathy has been granted a 60 percent disability rating, effective December 22, 2020.,The Veteran's left lower extremity radiculopathy has been granted a 40 percent disability rating, effective December 22, 2020.

The Veteran's service-connected degenerative disc disease with intervertebral disc syndrome, lumbar spondylosis, and arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted increased disability ratings of 40 percent each. The appeal is resolved in favor of the Veteran.