Radiculopathy & sciatica decisions — 2024

The Board has remanded the claims for initial ratings in excess of 10 percent for bilateral lower extremity radiculopathy of the sciatic nerves, bilateral lower extremity radiculopathy of the femoral nerves, and intervertebral disc syndrome of the lumbar spine due to additional development being required.

The Board has ordered remand for further development regarding the Veteran's claims of service connection for a psychiatric disability, secondary to his service-connected disabilities, and for increased ratings and TDIU based on his thoracolumbar degenerative joint and disc disease.

The Veteran's radiculopathy of the right upper extremity, right knee instability, and osteoarthritis right knee are all granted with specific ratings. The radiculopathy is rated at 40 percent disabling.

The Board has granted service connection for sinusitis and a 20% disability rating for radiculopathy of the right lower extremity, effective as of the date of the decision.

The Board has dismissed the Veteran's appeals for increased ratings of radiculopathy, left and right lower extremities as the August 2023 rating decision was a ministerial implementation of an earlier Board decision.

The Veteran's claims for an earlier effective date for service connection and a higher rating for his left ankle condition, as well as his claim for service connection for a psychiatric disorder secondary to his left ankle condition, are being remanded due to the need for further development or clarification.

The Veteran's appeal is dismissed as the issues were improperly docketed under the Appeals Modernization Act (AMA) system.

The Board has dismissed the appeals for bilateral hearing loss, left and right dry eye syndrome, recurrent acute sinusitis, retina deposits (right eye), left foot plantar fasciitis, left lower extremity radiculopathy, and right lower extremity radiculopathy. The Veteran's service connection claims for these conditions are granted.

The Veteran requested to withdraw his appeals for increased ratings and earlier effective dates related to persistent depressive disorder, lumbar spine residuals, radiculopathy of the right lower extremity sciatic nerve, radiculopathy of the left lower extremity sciatic nerve, radiculopathy of the right lower extremity femoral nerve, and radiculopathy of the left lower extremity femoral nerve.,The issues for increased ratings for lumbar spine residuals, radiculopathy of the right lower extremity sciatic nerve, radiculopathy of the left lower extremity sciatic nerve, radiculopathy of the right lower extremity femoral nerve, and radiculopathy of the left lower extremity femoral nerve were already adjudicated in a March 2023 Board decision and are therefore dismissed as moot.

The Board has granted the Veteran's claims for earlier effective dates of April 1, 2019, for radiculopathy of the right lower and upper extremities. The effective dates are based on the date of receipt of the claim within one year following separation from service.

The Board has remanded the claims for service connection due to new and relevant evidence received since the July 2017 statement of the case. The cervical spine condition claim is related back to in-service neck pain, while the bilateral radiculopathy claim requires additional VA examination and private medical records.

The Veteran's claim for special monthly compensation (SMC) based on housebound benefits is denied because he does not have a single service-connected disability rated as 100 percent disabling.

The Veteran's claims for effective dates earlier than March 20, 2019 for service connection for lumbar spine disability and left lower extremity radiculopathy are denied.,The Veteran's claim for an effective date earlier than November 25, 2019 for service connection for left knee disability is denied.

The Board has remanded the cases for further development due to incomplete medical opinions regarding functional ankylosis and flare-ups.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy are being remanded for further evaluation due to the need for additional medical opinions regarding the severity of his conditions prior to certain dates.

The Veteran's service connection claim for chronic maculopapular dermatitis of the hands is granted. The rating for back impairment, right lower extremity radiculopathy, and left lower extremity radiculopathy are all granted with specific timeframes. PTSD is rated at 100% from October 11, 2023 to February 5, 2024. A TDIU is granted effective September 5, 2020.

The Veteran's service-connected left and right lower extremity radiculopathy have been granted initial evaluations of 20 percent each, effective from the dates specified.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board denied the Veteran's claim for service connection for shooting pain in the right arm and intermittent numbness in the right hand and right upper extremity radiculopathy due to a lack of participation in scheduled VA examinations without good cause.

The Board has remanded the claims for increased ratings for right and left lower extremity radiculopathy, SMC based on need for regular aid and attendance or at the housebound rate, SMC based on loss of use of both lower extremities, TDIU, and an earlier effective date for Dependents' Educational Assistance benefits due to incomplete remand instructions.