Radiculopathy & sciatica decisions — 2024

The Board has dismissed all claims related to increased ratings and effective dates for various knee, back, and shoulder conditions due to the Veteran's withdrawal of his appeal.

The Veteran's service-connected disabilities, including PTSD, right upper extremity radiculopathy, migraines, left upper extremity radiculopathy, left shoulder slap tear, degenerative arthritis of cervical spine, left knee disability, TBI, tinnitus, asthma, and erectile dysfunction, rendered him unable to obtain and/or maintain substantially gainful employment. The Board finds that the Veteran's service-connected disabilities preclude him from obtaining and maintaining such employment.

The Board has remanded the claims for diabetes mellitus, type II (DM II), bilateral peripheral neuropathy of the legs, bilateral arm radiculopathy, and cervical spine (neck) disability due to inadequate medical opinions. The TDIU claim is also remanded.

The Veteran's surviving spouse was awarded attorney fees based on the full amount of past-due benefits awarded in the May 2023 Rating Decision, rather than the actual amount paid.

The Veteran's TDIU claim was denied as his service-connected disabilities did not preclude him from securing and following a substantially gainful occupation.

The Board has found that the Veteran's bilateral upper extremities disabilities and migraines are remanded for further development, including obtaining medical opinions to address the etiology of her conditions.

The Veteran withdrew his appeals for service connection and increased rating for the listed conditions.

The Veteran's claims for service connection are remanded due to the need for additional development and examination.

The Board has remanded the Veteran's claims for service connection for sciatica, lower back condition, and bilateral plantar fasciitis as secondary to his service-connected right ankle disability. The VA examinations were inadequate in addressing both causation and aggravation.

The Veteran's claim for an earlier effective date of August 11, 2015 for the award of service connection for left lower extremity radiculopathy is granted.,An increased rating for left lower extremity radiculopathy from 10% to 20% is denied.

The Veteran's claims for increased ratings of the right and left lower extremity radiculopathies, TDIU prior to March 16, 2012, and increased ratings for low back disability and bilateral lower extremity radiculopathies were granted effective January 7, 2011. The Veteran's claims for service connection for Parkinson's disease and essential tremors, as well as his claim for SMC based on aid and attendance needs, are denied.

The Veteran's right and left lower extremity radiculopathy have been granted an effective date of November 19, 2018 for the assignment of a 20 percent evaluation.

The Veteran's right lower extremity neuropathy, specifically sciatic nerve neuropathy, is rated at a disability rating of 40 percent.,The Veteran's left lower extremity neuropathy, specifically sciatic nerve neuropathy, is rated at a disability rating of 40 percent.

The Veteran is granted a TDIU from August 1, 2018 to September 9, 2019 due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Veteran's headaches are rated at 30 percent effective December 11, 2019. The Veteran's degenerative disc disease L5-S1 is currently rated at 20 percent. Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathies.

The Veteran's claims for various conditions, including PTSD, were denied effective from the date of receipt of his claim in September 1989. The Board found that an earlier effective date was not warranted due to the finality of the prior decisions and the lack of a valid appeal.

The Board found that the reduction in ratings for right and left lower extremity peripheral neuropathy of the sciatic nerve from 20% to 10% was not proper due to insufficient evidence showing actual improvement in the Veteran's ability to function under ordinary conditions.

The Board has restored the Veteran's ratings for radiculopathy, right leg and left leg to their previous levels of 40% and 20%, respectively, effective August 1, 2020.

The Board has granted a higher rating of 60 percent for left upper extremity radiculopathy but has remanded the issue of increased rating for degenerative disc disease, cervical spine (post-ACDF).

The Veteran's cervical spine disabilities, left and right upper extremity radiculopathies are granted service connection. His bilateral hearing loss is not shown to meet the criteria for a compensable rating.