Radiculopathy & sciatica decisions — 2024

The Board has granted service connection for bilateral upper and lower extremity radiculopathy, chronic fatigue, cervical spine disability, lumbar spine disability, headaches, and a hysterectomy. The Veteran's bilateral foot disability is also found to be related to her service.

The Veteran's claims for earlier effective dates for the award of service connection and initial ratings for radiculopathy of the right and left upper extremities were denied. The Board found that it was not factually ascertainable that the Veteran had radiculopathy during the one-year prior to his November 1, 2020 claim.,The effective date for the award of service connection and initial ratings for radiculopathy of the right and left upper extremities is denied.

The Veteran's obstructive sleep apnea (OSA) is caused by his obesity, which was caused by service-connected psychiatric and orthopedic disabilities. OSA would not have occurred but for obesity caused by his service-connected disabilities.

The Veteran's claims for effective dates prior to March 24, 2015 have been denied as there were no formal or informal claims filed prior to that date.,The Veteran's claims for increased disability ratings are being remanded.

The Veteran's appeal to restore evaluations of 20 percent for his lower extremity radiculopathies is granted. The Board finds the previous reductions were improper and remands the case for further evaluation.

The Board has determined that the Veteran does not have current disabilities of erectile dysfunction, bilateral hand condition, right lower extremity radiculopathy, or plasmacytoma myeloma (blood) related to his active service. The claims for these conditions are denied. Additionally, the Board has found that there is insufficient evidence to determine if the Veteran's sleep apnea and left shoulder disability are related to his active service.

Your appeals for service connection for right and left lower extremity radiculopathy have been dismissed because the RO has already granted these claims with a 20% rating effective from April 21, 2017.

The Board has remanded the claims for an evaluation greater than 10 percent for bilateral lower extremity radiculopathy due to a duty to assist error in failing to obtain private medical records.

The Veteran's appeals for restoration of Dependents' Educational Assistance (DEA) benefits, Total Disability Rating Based on Individual Unemployability (TDIU), and disability evaluations for Intervertebral Disc Syndrome (IVDS) and Sciatic Radiculopathy have been withdrawn. The Board has dismissed these claims.

The Veteran's low back disability is attributable to his active-duty service.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are caused by his service-connected low back disability.,Service connection for the Veteran's low back disability, bilateral lower extremity radiculopathies (left and right) is granted.

The Veteran's claims for service connection and higher ratings have been dismissed due to his death.

The Board has denied the Veteran's claims for service connection for radiculopathy of the right and left lower extremities, finding that there is no evidence to support a direct or secondary relationship between his current conditions and his military service.

The Board is remanding the case for further adjudication, including consideration of whether there was clear and unmistakable error in a November 1978 administrative decision regarding dishonorable service. The earlier effective dates for PTSD, TBI, and diabetic peripheral neuropathy are also being considered.

The Board has granted service connection for neck and low back disorders, right upper extremity radiculopathy, right lower extremity radiculopathy, left lower extremity radiculopathy, and a back scar. The Veteran's credible statements of pain in his neck and back have been considered, with the weight of evidence at least in equipoise.

The Veteran's service-connected back disability requires regular aid and attendance, which has been granted SMC.

The Board has found that the VA examinations for the Veteran's cervical spine, thoracolumbar spine, and right upper extremity radiculopathy disabilities are inadequate due to a lack of range-of-motion testing during flares. The claims are being remanded for new VA examinations to address these issues.

The Veteran's sciatic nerve branch of the right lower extremity is currently rated at 60 percent, reflecting severe incomplete paralysis.,The Veteran's external popliteal nerve of the left lower extremity remains rated at 20 percent.

The Veteran is granted a temporary total disability rating based on the need for convalescence following surgery associated with his thoracolumbar spine discogenic disease from October 1, 2018, to January 31, 2019.,SMC at the housebound rate is also granted from October 1, 2018, to January 31, 2019. However, further review of his need for aid and attendance and loss of use of extremities is required due to incomplete records.

The Veteran's right ankle disability is rated at 30 percent from February 15, 2022. He also received a TDIU effective from the date of his claim.

The Veteran's service-connected lumbar spine disability, right and left lower extremity radiculopathy are being remanded for further evaluation due to worsening symptoms reported by the Veteran. The TDIU claim is granted.