Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities, including persistent depressive disorder and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment since January 30, 2020. The Board has remanded the issues of service connection for shoulder and hip arthritis.

The Veteran's appeal for increased ratings for his back disability and bilateral lower radiculopathy of the sciatic nerve has been dismissed as he withdrew the appeal through his authorized representative.

The Board has granted service connection for the Veteran's low back disability with bilateral lower extremity radiculopathy, finding that it is at least as likely as not related to his active service.

The Veteran's appeal for higher initial ratings on multiple diabetic and amputation conditions has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation as of January 10, 2020. His TDIU claim is granted with an effective date of that day.

The Board denied the Veteran's requests for earlier effective dates for service connection awards of intervertebral disc syndrome with degenerative disc disease other than intervertebral disc syndrome and spondylolisthesis and facet arthropathy, and right lower extremity radiculopathy.

The Board has decided to remand both issues of service connection for degenerative disc disease of the lumbar spine and right lower extremity weakness and radiculopathy due to inadequate VA opinions. The Veteran's claims will be returned to the AOJ for further development.

The Veteran's lumbosacral strain is granted a 10 percent rating prior to February 6, 2007.,Radiculopathy of the left and right lower extremities are denied higher ratings than 10 percent.,Effective dates for service connection for radiculopathy of the left and right lower extremities are denied before April 13, 2017.

The Veteran's service connection claims for bilateral hearing loss, degenerative arthritis of the lumbar spine and related radiculopathy conditions are all granted. The Veteran also has a secondary service-connected spinal scar.

The Veteran's radiculopathy of the bilateral lower extremities (sciatic nerve) has been granted a disability rating of 20 percent for each side, effective as of the date of this decision.

The Veteran was granted TDIU and SMC under the provisions of 38 U.S.C. § 1114(s) for unemployability due to service-connected disabilities, with an effective date of February 10, 2014.,DEA benefits were also granted from February 10, 2014.

The appeal for service connection of bilateral hearing loss disorder is denied.,The appeal for service connection of bilateral lower extremity radiculopathy disorder is denied.,The disability rating for the service-connected lumbar spine disability was restored to 10 percent effective September 6, 2022.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and a TDIU is granted. The issues of increased ratings for various conditions are remanded.

The Board has determined that the Veteran's current degenerative disc disease with lumbar radiculopathy disability is causally related to service, and thus grants service connection for this condition.

The Veteran's left hip disability is currently rated at 10 percent for limitation of extension and flexion, but not more than this.,The Veteran's bilateral knee disabilities are both rated at 10 percent.,The Veteran's thoracolumbar spine degenerative arthritis is also rated at 10 percent.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy associated with lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS) were denied as the evidence did not support a rating in excess of 10 percent.

The Veteran's claim for an initial rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) is remanded due to inconsistencies and inadequacies in the examination reports. An additional examination is required to determine which nerves are involved and for what period of time.

The Veteran's service-connected disabilities, including back conditions and bilateral radiculopathy of his lower extremities, have rendered him in need of regular aid and attendance due to limitations such as difficulty dressing, feeding himself, attending to the wants of nature, and traveling. The Board has determined that these criteria are met for SMC based on aid and attendance.

The Board has remanded the claims for service connection due to insufficient evidence and a need for VA examinations.

The Veteran's claims for increased ratings for right shoulder strain, low back disability, and sciatic nerve radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.