Radiculopathy & sciatica decisions — 2024

The Board has granted an effective date of August 8, 2017 for the award of Total Disability based on Individual Unemployability (TDIU) due to service-connected disabilities.

The Veteran's claims for increased ratings and effective dates have been granted, with the effective date set at November 7, 2019.

The Veteran is entitled to a TDIU from March 1, 2019 to May 13, 2019 and from December 1, 2019 to March 26, 2020 due to her service-connected disabilities.

The Veteran's asthma is rated at 30 percent, which is the maximum rating available under Diagnostic Code 6602.,The Veteran's uterine fibroids are currently noncompensably rated as they do not require continuous treatment.,The Veteran's migraines are rated as noncompensable due to less frequent attacks without characteristic prostrating attacks.,Service connection for bilateral hearing loss and tinnitus is denied, while service connection for left leg sciatic radicular pain and parasthesia is remanded.,Entitlement to service connection for allergic rhinitis is also remanded.

The Veteran's right shoulder impingement syndrome is granted as service-connected.,Headaches secondary to her service-connected allergic rhinitis are granted as service-connected.,Right upper extremity radiculopathy and left upper extremity radiculopathy are denied as not service-connected.,Cervical spine disability is remanded for further review.

The Veteran's hypertension is granted as secondary to his service-connected PTSD, and he receives a 20 percent evaluation for his left lower extremity radiculopathy.

The Veteran's claims for service connection for degenerative arthritis of the thoracolumbar spine, cervical spine, and radiculopathy of the left lower extremity have been granted. The claim for IVDS is remanded due to insufficient examination.

The Veteran's claims for service connection and increased disability ratings have been granted, with effective dates of April 24, 2018.

The Veteran's claims for service connection and effective dates have been denied.,The Veteran is not entitled to an earlier effective date for the awards of service connection or other benefits.

The Veteran's claim for a TDIU prior to June 14, 2013 was denied as she had maintained gainful employment during this period despite her service-connected disabilities.

The Board denied service connection for loss of smell, loss of taste, pseudofolliculitis barbae, left ankle disorder, left foot disorder, bilateral leg disorder other than sciatica, sleep apnea, and low back disorder. The Veteran's claims were not supported by medical evidence linking these conditions to his military service.

The Veteran's claim for increased ratings and TDIU was denied, with the exception of a partial grant of a 40 percent rating effective April 4, 2017. The case is remanded due to procedural issues.

The Board has granted a TDIU from October 19, 2010 to September 29, 2011 due to the Veteran's service-connected disabilities.

The Veteran's cervical spine disorder, including osteoarthritis, degenerative disc disease, and cervical radiculopathy, was not incurred in or caused by service.,Right upper extremity radiculopathy and left upper extremity radiculopathy were also not caused or aggravated by the Veteran's cervical spine disorder.

The Veteran is granted TDIU prior to August 30, 2023, due to his service-connected disabilities. On or after August 30, 2023, the combined evaluation of his service-connected disabilities does not meet the criteria for TDIU.

The appeal for service connection of radiculopathy of the left lower extremity is dismissed. The issues of a rating in excess of 10 percent for osteoarthritis of the left knee with chondromalacia patella and TDIU are remanded.

The Board has remanded the Veteran's claims for a new examination to assess the current severity and impact on functioning of his lumbar degenerative disc disease, radiculopathy into each lower extremity, and bilateral plantar fasciitis. The issues include increased ratings for these conditions.

The Veteran's claim for service connection of a left knee condition, secondary to his service-connected lumbar spine or right knee conditions is remanded due to inadequate examination and conflicting medical evidence.

The Board has determined that a VA examination is needed to determine the current nature and likely etiology of the Veteran's left leg radiculopathy, including its relationship to service. The remand also includes consideration of whether the Veteran's back disability may be related to his claimed in-service back pain.

The Veteran's back disability and sciatic nerve disability are granted with increased ratings of 40 percent and 20 percent, respectively, effective November 7, 2019.