Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy, degenerative joint disease of the lumbar spine, hypertension, and heart conditions, render him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings for his service-connected neck disability, right upper extremity radiculopathy, and left upper extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating than the current assigned ratings.,The Veteran was granted an initial 20 percent rating for chronic cervical spine strain (neck disability) effective June 2, 2015.

The Board has denied the Veteran's claims for service connection for upper extremity radiculopathy, lower extremity radiculopathy, and tinnitus due to a lack of evidence showing these conditions were incurred or aggravated during military service.

The Board has remanded several issues related to the Veteran's service connection claims, including respiratory disability, nerve damage (other than bilateral lower extremity radiculopathy), and bilateral skin disability of the feet. The Board also ordered a new opinion on compensation pursuant to 38 U.S.C. § 1151 for cardiac disability, as well as a new examination for his service-connected back disability and associated lower extremity neurological disability.

The Veteran's service-connected disabilities, including his lumbar spine disability and depressive disorder with sleep disturbances, have rendered him unable to secure and maintain a substantially gainful occupation prior to February 11, 2020. The Board has granted entitlement to TDIU based on this finding.

The Board has determined that the Veteran's claimed back injury and right leg radiculopathy are not service-connected, as there is no evidence of a nexus between these conditions and his active military service.

The Board has granted service connection for the Veteran's right ankle condition and low back condition with bilateral lower extremity radiculopathy. The Board also remanded the issues of service connection for his right knee, left hip, and left ankle conditions due to secondary service connection.

The Veteran's service-connected PTSD with unspecified depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation from November 25, 2015. Effective March 7, 2016, the Veteran was awarded SMC at the housebound rate due to his service-connected disabilities.

The Veteran's initial claim for a 10% rating for nerve damage of the right foot prior to March 17, 2023 is granted. However, her increased claim for a higher rating from that date is denied.

The Veteran's claim of service connection for an acquired psychiatric disorder has been dismissed as the benefit sought on appeal has been granted in full.,The application to reopen the claims of service connection for bilateral pes planus and shin splints is granted, but further examination and opinion are needed.

The Board has found the Veteran's right hip disorder and radiculopathy of the right lower extremity issues are inextricably intertwined, necessitating a remand for further examination and opinion.

The Board has remanded the case due to a lack of clarity in the record regarding whether the Veteran's service-connected disabilities rendered him in need of regular aid and attendance prior to February 24, 2021. The Veteran will be scheduled for an examination to address this question.

The Veteran's appeal is remanded for further development regarding the severity of his bilateral lower extremity radiculopathy and diabetic peripheral neuropathy, sciatic nerve, as well as earlier effective dates for these conditions. The issues are inextricably intertwined with the increased rating claims.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for automobile or other conveyance and adaptive equipment, or adaptive equipment only due to lack of physical loss or permanent loss of use of hands or feet, permanent impairment of vision in both eyes, scar formation resulting from severe burn injury, or ankylosis of knees or hips.

The Board has decided to remand the case due to inadequate VA examination and failure to consider all available evidence, including private medical treatment records.

The Board has granted service connection for left and right restless leg syndrome, cervical disorder, cervical radiculopathy, hypogonadism, and sleep disorder. The effective date is March 23, 2010. Hypothyroidism was fully granted in a separate decision.

The Board has determined that the Veteran does not meet the criteria for SMC based on aid and attendance or housebound status due to his service-connected disabilities.

The Board has granted service connection for the cause of the Veteran's death, finding that his service-connected disabilities contributed to his death with obesity as an intermediate step. The DIC compensation based on a total disability rating prior to the Veteran's death under 38 U.S.C. § 1318 is dismissed.

The Board has determined that the AOJ decision on appeal is not final due to procedural errors and requires further action, including a new underwriting numerical rating sheet.

The Veteran's thoracolumbar spine disability was not productive of forward flexion to 60 degrees or less, combined range of motion to 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour prior to March 2, 2020. From March 2, 2020 onwards, the disability was not productive of forward flexion to 30 degrees or less, favorable ankylosis, or its functional equivalent.,The Veteran's right lower extremity radiculopathy was manifest by no more than moderate incomplete paralysis and his left lower extremity radiculopathy was also manifest by no more than moderate incomplete paralysis.