Radiculopathy & sciatica decisions — 2024

The Veteran's claim for service connection for a left elbow disability, loss of use of the left hand, and right lower extremity sciatica has been remanded for further development.,Service connection for left lower extremity sciatica is dismissed as it was granted in an earlier decision.

The Veteran's service-connected disabilities require him to be in need of regular aid and attendance, as he is unable to perform daily activities without assistance due to his multiple conditions.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy were dismissed because the November 2020 VA Form 10182 was not received within 60 days of the May 2020 Statement of the Case, thus it was not a proper opt-in to the AMA claims system.

The Board has granted a 20 percent rating, but no higher, for right and left lower extremity radiculopathy involving the sciatic nerve, finding that the Veteran's symptoms more closely approximate moderate incomplete paralysis.

The Board has dismissed the appeal as all granted issues have an effective date of May 1, 2013.

The Board has remanded the Veteran's claims for service connection for carpal tunnel syndrome of the right and left upper extremities, as secondary to a service-connected disability. The case will be reviewed with an adequate VA examination.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that it is not factually ascertainable that his service-connected conditions rendered him unemployable prior to September 23, 2016.

The Veteran's claim for an earlier effective date for the grant of service connection for left lower extremity sciatic radiculopathy is granted, with the effective date set at January 28, 2011.

The Veteran's lumbar spine disability and right lower extremity radiculopathy are granted service connection. The Veteran's hypertension and abdominal hernia claims are remanded for further development, as is his claim for an increased rating for left lower extremity radiculopathy.

The Veteran's specific phobia, situational tight spaces, is not productive of occupational and social impairment with reduced reliability and productivity. The right thumb arthritis does not meet the criteria for a higher evaluation.

The Veteran's service-connected residuals of TBI have been found to necessitate a higher level of aid and attendance, warranting SMC(t) from January 6, 2015.

The Veteran's pancreatitis status post cholecystectomy is rated at a 30 percent disability rating since December 31, 2013.,The claims for increased ratings of right lower extremity radiculopathy and lumbar spine degenerative arthritis with IVDS are remanded due to the need for additional examinations.

The Veteran's claim for an earlier effective date for the grant of service connection for Obstructive Sleep Apnea and restoration of a 20 percent rating for Left Upper Extremity Radiculopathy affecting the upper and middle radicular groups is denied. The matter related to the earlier effective date for LUE radiculopathy is dismissed as moot.

The Board denied the Veteran's claims for clothing allowances due to lidocaine cream and patches, finding that they were not related to service-connected skin conditions and did not cause irreparable damage to his outergarments.

The Veteran's claims for earlier effective dates prior to December 31, 2013 were denied as there was no evidence of an informal or formal claim filed before that date.

The Veteran's service connection claims for coronary artery disease, prostate cancer, diabetes mellitus, and peripheral neuropathy have been granted with effective dates based on the date of the PACT Act.,Effective August 10, 2022, the Veteran has received disability compensation for his heart condition, prostate cancer, and diabetes.

The Board has remanded the Veteran's claims for cervical spine disability, bilateral upper extremity radiculopathy, and individual unemployability due to inadequate examination reports and inextricably intertwined issues.

The Board has remanded the Veteran's claims for bilateral upper extremity radiculopathy and TDIU due to conflicting findings in previous examinations. The Veteran is required to provide updated treatment records and undergo a new examination with an examiner other than the September 2023 one.

The Board has remanded the Veteran's claims for increases in ratings and TDIU due to issues with his back, neck, and extremity radiculopathy. The case must be returned after compliance with all prior directives.

The appeal for service connection of a sleep disability is dismissed. The Board has remanded several other claims, including those for psychiatric disabilities, thyroid conditions, hair loss, and nerve disabilities.