Radiculopathy & sciatica decisions — 2024

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the lack of consideration of service treatment records documenting right leg pain. The Veteran's claim for service connection for her right leg, sciatic nerve condition is now being reviewed with new evidence and an updated opinion.

The Veteran's claim for service connection for radiculopathy of the right lower extremity (sciatic) was granted with an effective date of May 14, 2019. The Board found that entitlement to this benefit arose prior to the filing of the claim and thus concluded that a May 14, 2019, effective date is appropriate.

The Veteran's appeals for increased disability ratings were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Veteran's lumbar spinal stenosis is granted as service connected.,The Veteran's appeals for increased ratings for cervical spine intervertebral disc syndrome and left upper extremity radiculopathy are dismissed.

The Board has granted service connection for a cervical spondylosis and discogenic disease as due to the Veteran's service-connected right shoulder disability, but denied service connection for radiculopathy of the bilateral upper extremities.

The Veteran's claims for a compensable rating for radiculopathy of the right lower extremity and a rating in excess of 10 percent for radiculopathy of the left lower extremity are being remanded due to an error in scheduling a VA examination prior to issuing a decision on his claim of worsening.

The Veteran's lumbar spine arthritis, left leg radiculopathy, and right leg radiculopathy have been granted service connection. The genitourinary disability (voiding dysfunction) has also been granted service connection.,Service connection for these conditions is based on direct evidence of their onset during active duty.

The Veteran's former attorneys waived their right to attorney fees, making the issue moot and the appeal dismissed.

The Veteran's claim for service connection for radiculopathy, left lower extremity has been dismissed due to the death of the Veteran.

The Veteran requested an earlier effective date for a 40 percent rating for cervical radiculopathy right upper extremity, but the Board found that the earliest date entitlement arose was April 1, 2019, which is after the date of receipt of his claim on September 19, 2012. Therefore, the appeal to have an earlier effective date denied.

The Board denied the Veteran's request for an earlier effective date of January 17, 2017, for his award of a total disability rating for compensation purposes based on individual unemployability (TDIU). The TDIU was granted effective January 17, 2017, and the Veteran has a combined service-connected rating of 80 percent.

The Board denied the Veteran's claim for service connection for his back condition, finding that the evidence did not support a link between his current disability and his active service.

The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, and the Board has denied a higher rating.,The Veteran was also denied TDIU as his service-connected disabilities do not render him unemployable.

The Veteran withdrew his appeal, and the Board dismissed the case due to lack of allegations of errors in the determination.

The Veteran's claims for service connection for a left shoulder condition, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity have been dismissed as moot due to their having already been granted in a December 2020 rating decision.,The Veteran's claim for a disability rating in excess of 30 percent for depressive disorder with bipolar disorder II has been granted effective April 9, 2019.

The Veteran withdrew her appeal before the Board could make a decision on the claims.

The Veteran's TDIU was granted effective August 27, 2019, as he met the schedular requirements for a TDIU on that date and continuously pursued his claim thereafter.

The Veteran's PTSD is rated at 70 percent since September 19, 2005.,Diabetes mellitus, type II, is rated at 40 percent from October 26, 2021.

The Veteran's death was not due to service-connected conditions, and the VA examiner's opinion did not address inconsistencies in the autopsy report. The case is remanded for an addendum opinion.

The Board has granted the Veteran's claim for service connection for migraines as secondary to her service-connected tinnitus.