Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection for lumbosacral strain with degenerative arthritis and intervertebral disc syndrome, sciatic radiculopathy of the right lower extremity, and sciatic radiculopathy of the left lower extremity have all been granted.

The Veteran's appeals for higher initial disability ratings and effective dates were dismissed due to his death. The claims related to PTSD, degenerative arthritis of the thoracolumbar spine, right posterior iliac fracture with residuals, scar from a previous injury, lower extremity radiculopathy, and TDIU/DEA benefits have been dismissed without prejudice.

The Veteran's lumbosacral strain is rated at 10 percent prior to November 8, 2021 and at 20 percent since then.,The Veteran's right lower extremity sciatic radiculopathy meets the criteria for a rating of 20 percent.

The Veteran's service-connected disabilities, including his vision impairment and physical conditions such as neuropathy and back pain, necessitate regular aid and attendance. The Board granted SMC based on the need for regular aid and attendance.

The Veteran's low back disability, diagnosed as degenerative arthritis of the spine, invertebral disc syndrome, and right lower extremity and left lower extremity radiculopathy, had its onset during service. The Board finds that all three elements of service connection are met, including a current disability, an in-service injury or aggravation, and a causal relationship between the present disability and the disease or injury incurred or aggravated during service.

The Veteran's initial ratings for RLE and LLE radiculopathy were denied, with the effective date remaining at January 3, 2020.

The Veteran withdrew their appeals for the issues of service connection for sciatic nerve radiculopathy and femoral nerve radiculopathy in both lower extremities.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU based on this.

The Veteran's service-connected disabilities resulted in the need for aid and attendance as he required care or assistance on a regular basis to feed himself, keep himself clean and presentable, and protect him from hazards or dangers inherent in his daily environment. The Board granted special monthly compensation based on aid and attendance.

The Veteran's right lower extremity radiculopathy, left thumb disorder, left index finger disorder, left middle finger disorder, left ring finger disorder, and left little finger disorder are remanded for further evaluation. The Veteran's right thumb disorder, right index finger disorder, right middle finger disorder, right ring finger disorder, and right little finger disorder also require further review.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including degenerative arthritis of the spine, sciatic radiculopathy of the bilateral lower extremity, bilateral anterior cruciate ligament (ACL) tear with patellofemoral syndrome and shin splints, limitation of extension, and resulting obesity.

The Board has granted service connection for lumbar fusion with IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar fusion with IVDS. The decision is based on continuity of symptomatology from service.

The Board has denied service connection for a lumbar spine disability, cervical spine disability, and cervical radiculopathy. The Veteran's GERD claim is remanded due to inadequate medical opinion.,Service connection was not granted for the Veteran's claimed conditions as there was no credible evidence linking them to his military service.

The Board denied service connection for OSA and the restoration of a 20% disability rating for right knee disability. The Veteran's PTSD, back disability, and left lower extremity radiculopathy were all denied increased ratings.

The Board has remanded the claims for earlier effective dates and initial increased ratings for radiculopathy of the right and left lower extremities due to conflicting findings in the September 2012 VA examination reports. The Veteran's diagnoses of right and left lower extremity radiculopathy may have had onset prior to June 28, 2016.

The Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities were denied. The Board found that the evidence did not support a higher rating than the current 20 percent assigned.

The Board denied service connection for PTSD, but granted service connection for left lower extremity (LLE) sciatic radiculopathy.,There is no diagnosis of PTSD during the appeal period or approximate thereto.

The Veteran's tinnitus, right lower extremity radiculopathy, and lumbar scars have all been granted effective as of March 14, 2023.,However, the Veteran's initial compensable rating for his lumbar scars remains denied.

The Veteran's service-connected disabilities, including PTSD, left knee strain, lumbar spine intervertebral disk degeneration with arthritis, and sciatic radiculopathy have precluded him from obtaining and maintaining substantially gainful employment since April 20, 2021. As a result, the Board has granted an effective date of April 20, 2021 for TDIU and DEA benefits.

The Veteran is granted SMC under 38 U.S.C. § 1114(o) and (r)(1) as of September 28, 2021 due to service-connected disabilities resulting in need for regular aid and attendance.