Radiculopathy & sciatica decisions — 2024

The Veteran's claim for a 30 percent evaluation for cervical spine disability and service connection for bilateral upper extremity radiculopathy secondary to the cervical spine disability was granted effective May 11, 2020.

The Board has granted service connection for a low back disability and radiculopathy of the sciatic nerve in both the right and left lower extremities.,New evidence received since the last decision supports the Veteran's claims, including his contention that his current conditions are related to an injury sustained during military service.

The Board has dismissed the appeals for earlier effective dates for evaluations of left leg and right leg radiculopathy due to the appellant's death.

The Veteran's TDIU claim is granted for the period beginning May 1, 2020, as he has a combined disability rating of 100% due to service-connected disabilities and was unable to secure or follow substantially gainful employment.

The Board denied service connection for lumbar spine spondylolysis, cervical spine degenerative disc disease, and right lower extremity radiculopathy. The Veteran's preexisting back conditions were found not to be aggravated by his military service.,Service connection was also denied for the Veteran's cervical spine condition as there is no evidence of an in-service injury or event that could have caused it.

The appeal seeking service connection for arthritis of the whole left arm is dismissed.,The request to readjudicate the claim for service connection for a neck disability/cervical radiculopathy is denied.

The Veteran's claim for special monthly compensation based on aid and attendance was denied as he did not meet the criteria for such benefits due to his service-connected disabilities. The Board found that the Veteran could perform activities of daily living with minor assistance or reminders from his spouse, and there is no evidence indicating he required regular aid and attendance.

The Veteran's left and right lower extremity radiculopathy were granted ratings of 40% from January 7, 2020 to September 26, 2021. The appeal is denied for higher ratings.

The Veteran's claim for a rating greater than 60 percent for right lower extremity radiculopathy from November 7, 2023 to March 22, 2024 was denied as the evidence did not support a higher rating due to incomplete paralysis of the nerve.

The Veteran's service-connected disabilities have resulted in the effective loss or permanent loss of use of his right upper extremity and legs, which qualifies him for financial assistance for automobile or other conveyance and adaptive equipment.

The Board denied service connection for a neck disability, bilateral upper extremity cervical radiculopathy, and bilateral knee disability due to lack of evidence showing current disabilities or a link between the conditions and service.

The Veteran's LLE femoral radiculopathy is currently rated at 10 percent, but the Board has granted a higher initial rating of 20 percent.

The Veteran's claims for increased ratings and earlier effective dates for his sciatic nerve radiculopathy have been denied. The Board found that the evidence did not support a higher rating or an earlier effective date prior to April 8, 2019.

The Veteran's lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted increased ratings from February 24, 2023. However, the claims for a rating in excess of 20 percent for lumbosacral strain and entitlement to TDIU are being remanded.

The Veteran's service-connected disabilities, including degenerative arthritis of the cervical spine, thoracolumbar spine with spinal stenosis and foraminal stenosis, and radiculopathy of the left lower extremity, rendered him unable to secure or follow substantially gainful employment starting from September 19, 2020. The Board granted a TDIU rating effective as of that date.

The Board has granted an earlier effective date of January 17, 2017 for the award of service connection for left lower extremity radiculopathy. The issue of entitlement to an initial rating for LLE radiculopathy prior to this date is remanded.

The Veteran's TDIU claim is denied as his service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability.

The Veteran's entitlement to service connection for headaches and right rotator cuff tendonitis on a secondary basis has been granted due to the relationship between these conditions and his service-connected left shoulder rotator cuff tear and lumbosacral strain with intervertebral disc syndrome.

The Board dismissed the appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in a November 2020 Rating Decision as the appellant withdrew his Notice of Disagreement.

The Board denied the Veteran's claims for earlier effective dates for increased ratings of 40 percent for right and left lower extremity radiculopathy disabilities, finding that it is not ascertainable that an increase in the disabilities occurred before February 28, 2020.