Radiculopathy & sciatica decisions — 2024

The Board has remanded several issues related to the Veteran's service connection claims, effective dates for various disabilities, and SMC at the housebound rate. The representative requested earlier effective dates for multiple conditions and disability ratings.

The Veteran's appeal is denied for service connection for a left arm disability other than left upper extremity radiculopathy and left shoulder disability. The case is remanded for additional development regarding the Veteran's claim of diabetes mellitus, to include as secondary to a service-connected disability, and TDIU.

The Board has remanded the claims for increased ratings for lumbar spine disability and associated radiculopathy due to issues with prior examinations and lack of recent medical evidence.

The Board has remanded the case due to inadequate development of records and need for a new VA examination.

The Veteran's right leg radiculopathy is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The effective date for the grant of a 20 percent rating for right leg radiculopathy cannot be earlier than September 18, 2017.

The Board has remanded the claims for service connection for various lower extremity and cardiac conditions due to incomplete examinations.

The Veteran's claim for service connection for a left knee disability was denied. The Board found new and material evidence to reopen the claim, but did not grant service connection due to lack of nexus between the left knee disability and military service. For his left shoulder disability, the Veteran received a 30% rating, which is higher than what he previously had. His back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy were all granted increased ratings. The GERD claim was also granted with specific dates.

The Board has determined that the reduction from a 20 percent rating to a 10 percent rating for right lower extremity radiculopathy was improper and has restored the original 20 percent rating. The case is also remanded for further examination and consideration of entitlement to an increased disability rating and TDIU.

The Veteran's claim for a compensable rating for service-connected left ear hearing loss is denied. The claims of reopening service connection for cervical spine disability and right ear hearing loss, as well as the claims of service connection for lumbar spine disability (claimed as low back pain), right sciatic nerve pain, gastrointestinal disability (irritable bowel syndrome), migraine headaches, pseudofolliculitis barbae, obstructive sleep apnea, finger disability (right pinky finger dislocation), acquired psychiatric disability (depressive disorder), hair loss (alopecia), and skin rash are all denied. The Veteran's claim for service connection for a disability manifested by frequent urination or bladder incontinence and night sweats is also denied.

The Veteran's death was not due to his own willful misconduct, but the criteria for DIC under 38 U.S.C. § 1318 were not met as he did not meet the requirement of having a service-connected disability rated totally disabling for at least ten years immediately preceding death.

The Veteran's right and left lower extremity radiculopathy were rated at 10 percent prior to March 23, 2021. After that date, the evidence does not support a higher rating.

The Veteran's lumbar spine disability is rated at 10 percent prior to December 16, 2016 and at 20 percent on and after that date. The right lower extremity sciatic nerve radiculopathy and left lower extremity femoral nerve radiculopathy are both rated at 20 percent.,The Veteran's lumbar spine disability is not entitled to a higher rating prior to December 16, 2016 or on and after that date. The right lower extremity sciatic nerve radiculopathy and left lower extremity femoral nerve radiculopathy are both not entitled to a higher rating.

The Veteran's lumbar spine condition, including degenerative disc disease, spinal stenosis, and lumbar radiculopathy, is aggravated by his service-connected fibromyalgia. The Board has granted service connection for these conditions.

The Veteran's appeal includes claims for increased ratings and a TDIU. The effective date for service connection is denied, but the Veteran is granted a TDIU.

The Veteran's service-connected disabilities, including PTSD, depression, anxiety, thoracic spine degenerative disc disease, and radiculopathy of the right lower extremity with sciatic nerve impairment, rendered him unable to secure or follow substantially gainful employment from July 26, 2017.

The Veteran's appeal is being remanded due to the need for additional development and examination of his lumbar conditions, including radiculopathy. The TDIU claim prior to May 26, 2021, remains on hold as it is inextricably intertwined with the increased rating claims.

The Board denied the Veteran's claim for a TDIU prior to September 7, 2017 due to insufficient evidence of his employment and inconsistent statements about his earnings.

The Veteran's PTSD claim is dismissed as the Veteran withdrew his request for a hearing and the Board finds that he has satisfied all requirements to dismiss the issue.,Service connection is granted for right knee disorder, left knee disorder, and sciatica of both lower extremities secondary to lumbar spine strain. The Veteran will need further examination to determine if these conditions are related to service.,The Veteran's TDIU claim is remanded as he has not provided authorization for the release of his federal tax returns and additional information regarding his employment status during the appeal period.

The Veteran's claims for service connection for bilateral upper and lower radiculopathy were denied as there was no evidence linking the conditions to her service or a service-connected disability. The claim for SMC based on need for aid and attendance or housebound status was also denied due to lack of medical necessity.

The Veteran's claim for a rating in excess of 20 percent for right upper extremity radiculopathy is denied as the disability is primarily manifested by sensory disturbance and pain, with no evidence showing impairment of motor functions or other neurological changes.