Radiculopathy & sciatica decisions — 2024

The Veteran withdrew his appeals for restoration of a 60 percent rating for DDD of the lumbar spine and increased ratings for bilateral lower radiculopathy of the femoral and sciatic nerves.

The Veteran's left lower extremity radiculopathy was granted an initial rating of 40 percent from August 6, 2019, until November 27, 2019. From November 27, 2019, the Veteran's claim for a higher rating is denied.

The Veteran's appeal was dismissed because he died during the pendency of his appeal, and there is no jurisdiction to adjudicate the merits of his case.

The Veteran's claims for insomnia and a disability manifested by chronic fatigue are being remanded as the Board is unable to make a decision based on the current evidence.,Additional information or medical evidence may be needed to determine whether the Veteran's insomnia and/or chronic fatigue are related to his service-connected conditions.

The Veteran's claims for effective dates prior to August 3, 2011 were denied as the earliest possible effective date is the date of receipt of her claim.,An earlier effective date for service connection was not granted due to lack of a formal or informal claim within one year of discharge from service.

The Veteran's claim for service connection for a bilateral foot condition, including aggravation of a pre-existing condition, is denied. The Board finds the persuasive evidence of record does not support the claim.,The Veteran's claim for an increased rating for left arm radiculopathy is denied. The current 20% rating adequately reflects the severity of his disability.

The Board has granted the Veteran's claim for SMC based on aid and attendance, but dismissed the claim for SMC based on housebound status due to the grant of SMC at the aid and attendance rate.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing (SAH) or special home adaptation (SHA) grants due to his combined rating of 90 percent, which does not include anatomical loss or use of both hands or feet, and does not result in a permanent total disability that precludes locomotion without aids such as braces, crutches, canes, or wheelchair.

The Veteran's radiculopathy of the left lower sciatic nerve is not productive of moderately severe or severe incomplete paralysis, and thus he does not meet the criteria for an evaluation in excess of 20 percent.,Similarly, his radiculopathy of the left lower femoral nerve also does not meet the criteria for an evaluation in excess of 20 percent due to moderate incomplete paralysis.,The Veteran's lumbar spine disability is remanded for additional examination and analysis.

The Veteran's back brace caused wear and tear on his clothing, but he does not have a service-connected elbow disability or skin condition requiring the use of topical steroid cream. The Board has granted an annual clothing allowance for the back brace in 2020.

The Veteran's right lower extremity balance impairment/radiculopathy of the sciatic nerve is granted a 40 percent rating, effective July 14, 2016. The Veteran's cerebellar ataxia with dysarthria and cerebellar atrophy is also granted an initial 10 percent rating from July 14, 2016.

The Board has denied the Veteran's claims for service connection for headaches, neck scar, and radiculopathy of the LUE as there is no current disability established.

The Board dismissed the appeals for earlier effective dates and service connection claims due to the Veteran's death.

The Veteran's right lower extremity radiculopathy is currently rated at 40 percent disabling, effective May 19, 2021. The appeal for a higher rating remains pending.

The Veteran's disability ratings for degenerative arthritis of the spine and bilateral lower extremity radiculopathy were reduced from 20% to 10%, but these reductions are found to be improper due to lack of improvement in function.

The Veteran's appeals for earlier effective dates for increased ratings on several service-connected conditions are dismissed as the claims were filed under a legacy system and not the AMA.

The Veteran's appeal is remanded for additional examinations to address the severity of his neurological disabilities and right knee disability, as well as to clarify whether he has instability in his right knee.

The Veteran has withdrawn his appeals for increased ratings and effective dates, as well as service connection claims related to sciatica, degenerative disc disease, adjustment disorder, right shoulder impingement syndrome, and heart condition secondary to weight gain.

The Veteran's cervical spine degenerative disc disease and radiculopathy are currently rated at the maximum allowed, and no higher rating is warranted.,The Veteran's left upper extremity radiculopathy is also rated at the maximum allowed, and no higher rating is warranted.

The Veteran's claims for increased ratings of her service-connected back disability and bilateral lower extremity radiculopathy have been denied. The current ratings are higher than the requested increases.