Radiculopathy & sciatica decisions — 2024

The VA granted a 50% rating for headaches from October 26, 2016 and effective dates for the ratings of right lower extremity radiculopathy and left lower extremity radiculopathy. The Veteran is also service-connected for depression secondary to headaches.

The Veteran's initial 50% rating for migraine headaches is granted, and an increased 30% rating for right knee limitation of flexion from December 8, 2017 is also granted. Initial ratings of 40% and 20% are assigned for radiculopathy of the right lower extremity and left lower extremity respectively.

The Board has determined that the Veteran's cervical-spine disorder, right-upper-extremity radiculopathy, and left-upper-extremity radiculopathy claims should be remanded due to pre-decisional duty-to-assist errors.

The Veteran's claim for increased ratings for left knee osteoarthritis and earlier effective dates for service connection are being remanded.,The initial rating for left knee osteoarthritis with limitation of flexion is denied, as the motion does not meet the criteria for a higher rating.

The Board has granted service connection for the Veteran's low back disability, which includes congenital anomaly of the thoracolumbar spine, epiphysitis, and degenerative disc disease with bilateral lower extremity radiculopathy. The issue of TDIU is remanded due to its inextricability from the grant of service connection.

The Veteran's appeals seeking increased ratings for various service-connected conditions have been dismissed as the appeal was not timely filed under the Appeals Modernization Act.

The Veteran's appeals for increased disability ratings for PTSD, lower back disability, and radiculopathy were dismissed because the Notice of Disagreement (NOD) was not filed within the required 60-day period after the issuance of the Supplemental Statement of the Case (SSOC).

The Veteran's right lower extremity radiculopathy is rated at a 20 percent rating, which is the highest available under the applicable VA rating criteria.

The Board has restored the appellant's disability ratings for radiculopathy of the right lower extremity and right knee, finding that the reductions were improper due to lack of medical improvement under ordinary conditions of work and life. The cases are remanded for further review.

The Veteran's claims for increased ratings in May 2023 were denied, and thus attorney fees are not granted from these decisions.

The Veteran's radiculopathy, sciatic (right lower) is granted with a rating of 20 percent.,The Veteran's lumbar spine degenerative arthritis and PTSD are both remanded for further development.,Service connection for posttraumatic stress disorder is also remanded.

An effective date of February 29, 2012, is granted for the award of service connection for tension headaches.,The Veteran's claim for an earlier effective date for a 40 percent rating for right sciatica is denied. The RO awarded a 40 percent rating effective June 22, 2020.

The Board found that the severance of service connection for neck and bilateral upper extremity disabilities was improper, as there was no clear and unmistakable error in the original grant of service connection. The appeal is granted.

The Veteran is seeking an effective date earlier than May 15, 2014 for her service-connected low back disability.,The Board finds that the presumption of regularity has been rebutted and grants an effective date of May 15, 2014.

The Veteran's claims for service connection were denied due to the lack of a valid application filed prior to February 10, 2020.,The effective date for the grant of service connection is set at February 10, 2020.

The Veteran's claim for service connection for a back disability, including osteoarthritis and sciatica, is granted due to the submission of new evidence. The case is remanded for further development.

The Veteran has withdrawn his appeals for service connection for sleep apnea and increased ratings for left and right lower extremity radiculopathies, resulting in the dismissal of these issues.

The Veteran's radiculopathy of the bilateral lower extremities and erectile dysfunction have been granted initial ratings.,Effective February 1, 2013, the Veteran was granted a 10 percent rating for his sciatic radiculopathy in both legs. Effective January 26, 2016, he received a 20 percent rating.

The Veteran withdrew his appeals, stating he is now 100% PCT effective November 29, 2022.

The Veteran's claims for increased ratings were denied as his lumbosacral strain, lower extremity radiculopathy, and scars did not meet the criteria for higher ratings under VA rating criteria.