Radiculopathy & sciatica decisions — 2024

The Veteran's claim for an effective date prior to September 5, 2018, for migraine headaches has been granted. The Veteran's claim for a higher rating for left lower extremity sciatica is remanded due to the need for clarification regarding the adequacy of the October 2018 VA examination.

The Veteran's claim for a low back disability was granted with an effective date of May 25, 2010. The award of service connection for radiculopathy of the right lower extremity (associated with a low back disability) was also granted with an effective date of January 31, 2013.,The Veteran's claim for higher ratings for his low back disability and radiculopathy of the right lower extremity is remanded due to a duty to assist error.

The Veteran's anemia, erectile dysfunction, tachycardia, thrombocytopenia, L5 radiculopathy of the left and right lower extremities, major depressive disorder, panic disorder, somatic symptom disorder, and lumbar strain and degenerative disc disease are all found to be caused by his service-connected acute myeloid leukemia (AML).,The Veteran's fatigue is not considered a separate disability from his AML-related conditions.

The Veteran's radiculopathy of the sciatic nerve affecting the left lower extremity is now rated at 40 percent effective January 17, 2018. TDIU was granted as of January 9, 2013.

The Veteran's PTSD, cervical strain, left upper and lower extremity radiculopathies, and tension headaches have been granted service connection. The Veteran is also assigned a 30% rating for his tension headaches.

The Veteran's radiculopathy, right lower extremity (sciatic) is granted an initial 40 percent rating effective September 2, 2015.

The Veteran's service-connected herniated disc, L5-S1 with IVDS is currently rated at 20 percent and the Board finds that a higher rating is not warranted.,The Veteran's service-connected radiculopathy of the right lower extremity is currently rated at 20 percent and the Board finds that a higher rating is not warranted.

The Veteran's bilateral lower extremity radiculopathy was granted effective April 16, 2019, secondary to his service-connected back disability.

The Veteran's claim for service connection for polyneuropathy is remanded due to the need for a VA examination and medical opinion regarding the nature and etiology of his condition, including as related to Agent Orange exposure. The AOJ must also consider whether the Veteran has been granted presumptive service connection.

The Veteran's service-connected bilateral lower extremity radiculopathy manifests with the effective loss of use of at least one foot, and therefore eligibility for an automobile allowance is granted.

The Board denied the Veteran's claim for TDIU prior to August 31, 2011 as there were no pending claims for earlier effective dates for service connection at the time of his death.

The Board has granted service connection for migraine headaches and pseudofolliculitis barbae, but denied service connection for back disability, bilateral lower extremity radiculopathy and/or sciatica, left hip disability, right hip disability, and neck disability.

The Board has granted service connection for left shoulder impairment and dismissed the claims of service connection for left lower extremity radiculopathy and right lower extremity radiculopathy.

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities from November 9, 2015. The Board granted an effective date of November 9, 2015 for the TDIU award.

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy and loss of use of both lower extremities, qualify him for financial assistance in acquiring specially adapted housing. The appeal concerning a special home adaptation grant is dismissed as moot.

The Veteran's degenerative arthritis of the spine with degenerative disc disease is currently rated at 40 percent, which is the maximum rating available under Diagnostic Code 5243. The Board found that his symptoms did not meet criteria for a higher rating due to lack of unfavorable ankylosis.,The Veteran's radiculopathy, right lower extremity, is currently rated at 20 percent. The Board determined that the evidence did not support a higher rating as there was no indication of severe incomplete paralysis or marked muscular atrophy.

The Veteran's appeals for increased ratings on their back disability, left femoral radiculopathy, and left sciatic radiculopathy have been dismissed due to the lack of timely filing of a VA Form 10182.

The Veteran's claims for an effective date earlier than April 3, 2019 for the award of service connection for peripheral neuropathy of the bilateral lower extremities were denied.,The Board found that there was no pending claim prior to April 3, 2019 for entitlement to service connection for peripheral neuropathy of the bilateral extremities.

The Board has denied service connection for chronic pain, right lumbar radiculopathy, left lumbar radiculopathy, and alcohol dependency as secondary to a low back disability. The claim of service connection for sleep apnea is remanded due to a pre-decisional duty to assist error.

The Board has granted service connection for segmental and somatic dysfunction of the lumbar region, cervicobrachial syndrome, and radiculopathy, lumbosacral region. The conditions are related to the Veteran's in-service aviation duties.