Radiculopathy & sciatica decisions — 2024

The Board has remanded the claims for additional development to address pre-decisional errors and obtain medical opinions regarding the severity of the appellant's radiculopathy and scarring, as well as when these conditions first manifested.

The Board has granted eligibility for attorney fees in the amount of 20% of past-due benefits awarded in a December 2022 rating decision, as the appellant provided representation after notice of the initial August 2020 rating decision and the AOJ found clear and unmistakable error (CUE) in previous decisions.

The Veteran's back disability is rated at 40 percent from April 7, 2014, to October 31, 2014, and in excess of 20 percent thereafter. The rating for bladder incontinence remains at 40 percent after January 8, 2020.

The Veteran's claims for a compensable rating for bilateral hearing loss and service connection for right and left conditions were denied. The Board found no new evidence relevant to the claims.

The Board has granted service connection for impairment of the left knee and lower extremity radiculopathy, but denied increased ratings for the Veteran's low back condition and meniscus tear. Attorney fees are awarded based on past-due benefits from a May 2022 Rating Decision.

The Board has dismissed the appeals for service connection of left and right lower extremity radiculopathy due to a prior grant in October 2023. The appeal for right foot frostbite residuals is remanded.

The Veteran's service-connected disabilities, including back, lower extremities, shoulder, ankle, wrist, and knee conditions, have caused him to be in need of regular aid and attendance. The Board has granted SMC based on the need for aid and attendance.

The Board denied service connection for various disabilities, including back, neck, lower extremity radiculopathy, knee, ankle, and hypertension. The reasons given were that the evidence did not support a finding of in-service injury or disease resulting in these conditions.,Service connection was denied as there was no credible medical evidence linking any current disability to service.

The Board has remanded the cases for further examination and rating consideration due to incomplete or unclear information regarding the Veteran's range of motion.

The Board has remanded the case due to insufficient opinions regarding whether the service-connected disabilities caused or aggravated obesity, which in turn caused OSA. The Veteran must provide addendum VA examination opinions.

The Veteran is seeking earlier effective dates for various service-connected conditions, but the Board finds that no such effective dates are warranted based on the evidence of record.,For his back disability, the Veteran seeks an earlier effective date due to CUE in a March 2012 rating decision. The Board found no clear and unmistakable error.

The Veteran's disability evaluations for traumatic right spinal accessory neuropathy and right upper extremity radiculopathy, as well as cervical spine IVDS, were reduced. The Board has restored the original ratings of 40% and 20%, respectively.,The reduction in disability evaluation was not proper due to lack of improvement in the Veteran's condition.

The Veteran's right hand disability and unspecified trauma and stressor-related disorder are granted service connection, while sinusitis, lumbosacral strain, right lower extremity radiculopathy, allergic rhinitis, and scarring status post inguinal hernia surgery do not meet the criteria for a compensable rating.

The Veteran's claims for increased evaluations for degenerative arthritis of the cervical and lumbar spine with IVDS, as well as radiculopathy in multiple extremities, have been denied. The Board found that the evidence did not support a higher evaluation based on the severity of his disabilities.,The Veteran was granted 30 percent, 40 percent, and 20 percent evaluations for middle radicular group radiculopathy of the left upper extremity, right upper extremity, and lower extremities respectively. However, these evaluations are still denied as they do not meet the criteria for a higher rating.

The Veteran's radiculopathy of the sciatic nerve of the bilateral lower extremities was granted an effective date of January 16, 2018.,An earlier effective date for service connection for right and left lower extremity femoral radiculopathy is denied.

The Board has determined that there are incomplete service treatment records and a need for clarification of the Veteran's periods of active duty, inactive duty for training (INACDUTRA), and active duty for training (ACDUTRA). As such, these issues are being remanded to allow for further development.

The Board has dismissed the Veteran's appeals for earlier effective dates for service connection and increased ratings related to his cervical strain, left knee strain, radiculopathy of the right lower extremity, and bilateral pes planus second degree.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions regarding the etiology of his neurological disabilities, particularly those related to exposure to herbicide agents during service.

The Board has granted service connection for bilateral lower extremity radiculopathy, but the claim for meralgia paresthetica of the bilateral lower extremities is remanded due to lack of VA examination and incomplete private treatment records.

Service connection is granted for lumbar spine disability, cervical spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and brachial neuralgia.,Service connection for bilateral hearing loss is denied.