Radiculopathy & sciatica decisions — 2024

The Veteran's right and left lower extremity radiculopathy have been evaluated at a maximum of 20 percent throughout the appeal period.,The Veteran's service-connected painful scars on his bilateral shoulders are rated at the maximum 30 percent.

The Board has dismissed all appeals for ratings in excess of 20 percent for radiculopathy, right and left lower extremity sciatic nerve, and intervertebral disc syndrome with spinal stenosis and degenerative arthritis of the spine.

The Board has restored the Veteran's disability rating for left lower extremity radiculopathy from non-compensable to 10 percent effective April 1, 2020.

The Board has granted service connection for the Veteran's low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his active duty service.

The Board has decided to remand the Veteran's claims for increased ratings for his back disability and bilateral radiculopathy due to a duty-to-assist error in scheduling VA examinations. The Veteran will be provided with an opportunity to undergo these examinations.

The Board has granted the Veteran's claim for financial assistance in acquiring specially adapted housing due to his service-connected disabilities resulting in loss of use of both lower extremities. The appeal seeking a special home adaptation grant is dismissed as moot.

The Board denied the Veteran's requests for effective dates prior to April 6, 2020, for the award of separate 20% ratings for right and left lower extremity radiculopathy of the femoral nerve.,The Board also found that the Veteran is eligible for financial assistance in acquiring specially adapted housing due to his service-connected disabilities resulting in loss of use of both lower extremities.

The Veteran's appeal for service connection for left lower extremity radiculopathy, incontinence, and OSA is dismissed. Service connection for a back disability is granted with a 20% rating from August 23, 2019 to February 18, 2020.

The Veteran's service-connected radiculopathy of the left and right lower extremities, involving the sciatic nerve, is granted a 40 percent rating.

The Board has determined that the reduction of the Veteran's disability rating from 20 percent to 10 percent for right lower extremity sciatic nerve disability was proper, as evidenced by improvement in his ability to function under ordinary conditions.

The Board has decided to remand the cases of diabetes mellitus, type II and special monthly compensation based on need for aid and attendance due to inadequate examination. The Veteran's DMII is rated at 20 percent, but a higher evaluation may be warranted given his additional service-connected conditions.

The Board has determined that VA examinations are required to determine whether the Veteran's claimed disabilities are etiologically related to service. The claims for bilateral upper extremity carpal tunnel syndrome, C6 radiculopathy, knee disorders, and ankle disorders are being remanded.

The Veteran's service-connected back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are currently rated at 20 percent each. The Board finds that a higher rating is not warranted under the applicable criteria.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Veteran's service connection for Type II diabetes mellitus with hypertension, right upper extremity diabetic peripheral neuropathy, left upper extremity diabetic peripheral neuropathy, right lower extremity sciatic nerve diabetic peripheral neuropathy, right lower extremity femoral nerve diabetic peripheral neuropathy, left lower extremity sciatic nerve diabetic peripheral neuropathy, and left lower extremity femoral nerve diabetic peripheral neuropathy has been granted with effective dates of October 25, 2018. The Veteran's service connection for erectile dysfunction and prostate cancer residuals have also been granted.,The Veteran's claims for higher ratings for his diabetes-related conditions and TDIU are pending.

The Board has granted service connection for degenerative arthritis of the spine, lumbar stenosis, and disc herniation as well as right lower extremity radiculopathy secondary to these conditions. The decision is based on credible lay evidence and VA medical opinions that support a finding of in-service injury and continuity of symptoms since separation from service.

The Veteran's claims for higher evaluations for left lower extremity radiculopathy of sciatic nerve and left knee patellofemoral pain syndrome were denied as the evidence did not support ratings higher than 10 percent.

The Board has restored the Veteran's disability rating for lumbosacral strain, degenerative arthritis and IVDS with bilateral mild sciatic radiculopathy from 60% to 60%, effective July 1, 2020.

The Veteran's claims for service connection have been remanded due to insufficient medical opinions and potential procedural errors. The Board will seek additional information from VA medical professionals.

The Veteran's service-connected disabilities, including OSA and CIDP of the bilateral upper and lower extremities, meet the schedular criteria for a TDIU as of January 27, 2016. The effective date is set at this time.