Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities cause him to require regular aid and attendance to keep him ordinarily clean and presentable, attend to the wants of nature, and protect him from the hazards or dangers incident to his daily environment. The Board finds that the Veteran meets the criteria for SMC A&A.

The Veteran's appeal has been dismissed as the Veteran withdrew their appeal prior to a decision being made.

The Board dismissed the appeal for service connection of Charcot Marie Tooth syndrome and right lower extremity radiculopathy because there were duplicate notices of disagreement filed.

The Veteran's left knee disability is granted a 20 percent rating. Service connection for TBI, headaches, right sciatic radicular pain paresthesia of the right leg, left sciatic radicular pain paresthesia of the left leg, and callus of the left pinky toe are denied.

The Veteran's tinnitus and right upper extremity cervical radiculopathy have been granted service connection, while the claim for bilateral hearing loss has been denied. The Veteran is currently receiving a 40% rating for his right upper extremity cervical radiculopathy.

The Veteran withdrew his appeals for increased ratings on four conditions: right and left lower extremity femoral nerve radiculopathy, intercostal superficial cutaneous neuropathy, and two surgical scars. The Board dismissed the appeal as a result.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy, as well as her hip disability, were denied. The Board found that the evidence did not support higher ratings.

The Veteran's claims for service connection and increased ratings were denied as the effective dates sought are not earlier than October 5, 2021.,For issues related to service connection, the earliest date of entitlement is considered to be October 5, 2021.

The Board has determined that the Veteran's service-connected disabilities do not meet the combined disability rating percentage requirements for consideration of a TDIU prior to August 14, 2020. The case is remanded for further evaluation and referral to the VA Director of Compensation Service.

The Veteran's appeal for a higher rating for sinusitis is denied. The Veteran's claim for TDIU due to service-connected disabilities, effective September 16, 2021, is granted. The case is remanded for further consideration of the issue of service connection for obstructive sleep apnea.

The Veteran's claim for an earlier effective date for the award of service connection for lumbosacral strain and left lower extremity radiculopathy (sciatic nerve) was denied.,Both conditions were granted based on a September 2020 VA examination, which indicated that the condition was a complication of the Veteran's lumbosacral strain.

The Board has determined that there are errors in the decision and remands the case for a new VA examination to address the Veteran's claims of service connection for his thoracolumbar spine disorder.

The Veteran's cervical spine strain and radiculopathy of the right upper and lower extremities are granted service connection as secondary to his service-connected lumbar degenerative disc disease. His rating for lumbar degenerative disc disease is increased to 40 percent effective December 17, 2020.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examinations.

The Veteran's degenerative arthritis of the low back is rated at 40 percent, but no higher, effective September 11, 2006.,An increased rating of 40 percent for radiculopathy of the left lower extremity from February 20, 2019 forward has been granted.,An increased rating of 40 percent for radiculopathy of the right lower extremity from February 20, 2019 forward has also been granted.

The Veteran's service-connected disabilities render him unable to obtain and retain substantially gainful employment, which meets the criteria for TDIU.

The Board has remanded several issues related to the Veteran's sciatic radiculopathy and low back disability, including rating determinations and effective date claims. The decision also includes a request for additional information regarding the qualifications of the VA examiner who provided an examination in November 2021.

The Veteran's right upper extremity radiculopathy (dominant hand) is now rated at 30 percent, effective from November 14, 2018. His left upper extremity radiculopathy (non-dominant) remains at a 20 percent rating.

The Veteran's TDIU claim has been dismissed because his combined rating is now at 100% due to service-connected disabilities, making the TDIU claim moot.

The Veteran's claims for service connection and increased rating have been remanded due to the need for further medical examinations.