Radiculopathy & sciatica decisions — 2024

The Veteran's initial rating for his back disability, right knee disabilities (including right lower extremity radiculopathy), and left knee disabilities have been denied. The appeals are based on the severity of these conditions without any indication of service connection through a presumption or secondary theory.

The Veteran's neck and upper back disabilities, as well as her left upper extremity radiculopathy, are granted service connection.,However, the Veteran's right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, and right shoulder condition do not meet the criteria for service connection.

The Board denied service connection for left lower extremity radiculopathy, right CTS, and left CTS. Service connection was granted for a left foot disability.

The Board has remanded the case due to insufficient evidence regarding the service connection for a low back disability, including injuries sustained during basic training and National Guard service. The Veteran's current condition is being evaluated by a VA examiner.

The Board has determined that the Veteran's service-connected degenerative disc disease of the lumbar spine and right and left radiculopathy in the lower extremities required regular aid and attendance, warranting special monthly compensation (SMC) based on this need.

The Veteran's service-connected right lower extremity sciatic radiculopathy was granted an increased initial 40 percent disability rating, and the issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Veteran's claim for an initial rating in excess of 10 percent for left lower extremity radiculopathy of the sciatic nerve is denied.,The Veteran's claim for an effective date earlier than September 28, 2016, for the grant of service connection for left lower extremity radiculopathy of the sciatic nerve is also denied.

The Veteran's claims for service connection are being remanded due to the need for additional development and consideration of the evidence.

The Board has remanded the cases for new examinations to assess the severity of the Veteran's cervical and lumbar spine disabilities, as well as his lower left extremity radiculopathy. The issues are related due to their interrelated nature.

The Board has remanded the claims for service connection for radiculopathy of the left lower extremity, rating higher than 20 percent for a lumbar spine disability, and rating higher than 10 percent for radiculopathy of the right lower extremity due to new evidence presented.

The Veteran's appeals for increased ratings and service connection were dismissed due to untimely filing of VA Form 10182.

The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.,The effective date for service connection for radiculopathy of the left and right upper extremities was set at October 31, 2017 due to new evidence received within one year of a previous rating decision.,The Veteran's claim for a higher rating for migraine headaches was denied as he is already receiving the maximum schedular rating under Diagnostic Code 8100.,The Veteran's claim for a higher rating for DDD of the cervical spine status post cervical sprain was denied as there was no unadjudicated formal or informal claim prior to August 15, 2018.

The Board has decided to remand the case due to insufficient reasons and bases for denying the Veteran's claim for special monthly compensation based on need for regular aid attendance/housebound status. Further development is needed to distinguish between service-connected conditions and non-service-connected conditions that affect the Veteran's ability to perform self-care functions.

The Board has remanded the claims for further development due to procedural errors and the need for a new VA examination. The appellant's back disability is potentially related to service, but the exact etiology needs clarification. His acquired psychiatric disorder may also be related to his back disability.

The Veteran's application to reopen the claim for service connection for a low back disability was granted. Service connection for lumbar spine degenerative arthritis and radiculopathy of the bilateral lower extremities were also granted. The claims for right and left knee disabilities are remanded.

The Veteran's headaches are rated at a 30 percent rating prior to June 27, 2018 and denied for higher ratings. The Veteran is granted a TDIU from August 24, 2022.,For the entire appeal period, the Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need to obtain a signed informed consent form for his July 13, 2011 laminectomy.

The Veteran's lumbar spine disability is rated at 20 percent, and he was granted service connection for right and left lower extremity radiculopathy. The case has been remanded for additional development regarding the surgical scar.

The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for additional medical opinions regarding his service-connected bilateral knee disability.

The Veteran's low back disability was initially rated as 10 percent disabling prior to September 21, 2015. The RO granted a 20 percent rating effective from September 21, 2015.,For the period from January 31, 2013 to August 28, 2017, the Veteran's right leg radiculopathy was rated as 10 percent disabling. From August 28, 2017 onwards, it was rated as 20 percent disabling.,For the period from December 2, 2013 to August 28, 2017, the Veteran's left leg radiculopathy was rated as 10 percent disabling. From August 28, 2017 onwards, it was rated as 20 percent disabling.,The Board denied entitlement to a TDIU prior to August 23, 2016.