Radiculopathy & sciatica decisions — 2024

The Board has granted service connection for the Veteran's back disability, radiculopathy of the right lower extremity, and cyst disability, finding that these conditions are related to a December 2017 incident during active duty.

The Veteran's claims for increased ratings for lower right and left extremity radiculopathy are being remanded due to a duty-to-assist error identified during the appeal process.

The Veteran's claims for a 20 percent rating for left lower extremity radiculopathy effective prior to July 19, 2022 and for a rating in excess of 20 percent for LLE radiculopathy are dismissed as they attempt to appeal a March 2023 rating decision that merely implemented a final March 2023 Board decision.

The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance of another person due to service-connected disabilities.,The issue regarding SMC by reason of being housebound is dismissed as moot because SMC based on aid and attendance has been granted.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is rated at 70 percent, the highest available rating.,Obstructive sleep apnea remains rated at 50 percent, which is the maximum available rating under current criteria.,Left lower extremity radiculopathy continues to be rated at 10 percent.

The Veteran's effective date for Dependents' Educational Assistance (DEA) benefits is granted as March 9, 2020. The Board found the Veteran was permanently and totally disabled on that date.

The Board denied the Veteran's request for an earlier effective date of March 27, 2019, for service connection granted for radiculopathy of the right lower extremity. The claim was not factually ascertainable before this date.

The Veteran is seeking an effective date prior to March 15, 2012 for the award of a 50 percent evaluation for cervical radiculopathy and radial neuropathy of the left upper extremity.,The Veteran is also seeking an effective date prior to March 15, 2012 for the award of a 30 percent evaluation for cervical radiculopathy of the right upper extremity.

The Veteran's claims for an increased rating for left lower extremity radiculopathy and a TDIU are being remanded due to the need for additional examination.

The Veteran's lumbar spine degenerative disc disease and right leg radiculopathy have been granted increased ratings. The left patellofemoral pain syndrome and residuals of the right fibula stress fracture are remanded for further evaluation.

The Veteran is granted a TDIU from November 16, 2017, to September 18, 2021. The issue of entitlement to a TDIU prior to November 16, 2017, is remanded for further review.

The Veteran's service-connected lumbar and cervical spine disorders, along with associated radiculopathy, have rendered him unable to work since March 8, 2019. The Board has granted a TDIU for this period.

The Veteran withdrew his appeal prior to the promulgation of a decision, leaving no issues for review.

The Board has granted service connection for bilateral hearing loss and tinnitus, but denied service connection for the remaining conditions listed.

The Board has granted effective dates of February 11, 2005 and December 20, 2007 for service connection for right and left lower extremity radiculopathy respectively. The issues of an earlier effective date for TDIU and initial disability ratings are remanded.

The Veteran's radiculopathy of the right and left lower extremities is rated at 20 percent throughout the appeal period. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's claims for service connection and increased evaluations were denied. The Board found no current diagnosis of a digestive/bowel disability, and the evidence did not support her claim that she has an acquired psychiatric disorder or right hand carpal tunnel syndrome.

Service connection is granted for left wrist sprain and lumbar spine degenerative disc disease with radiculopathy. The Veteran's claims for service connection of a left-hand condition, right-hand condition, and migraines are remanded.

The Veteran's original 20% rating for radiculopathy of the left lower extremity is restored due to an improper reduction in rating.

The Board has granted earlier effective dates of February 17, 2012 for service connection of lumbar radiculopathy of the bilateral lower extremities. The increased rating claims are remanded to assign initial ratings and readjudicate the cases.