Radiculopathy & sciatica decisions — 2024

The Board has remanded the claims for a rating in excess of 20 percent prior to October 3, 2017, and in excess of 40 percent thereafter, for right lower extremity (RLE) sciatica, and service connection for insomnia as secondary to RLE sciatica due to lack of substantial compliance with previous remand directives.

The Veteran's appeal for a TDIU rating prior to December 4, 2021 is denied as she was gainfully employed during this period. The issue of TDIU from December 4, 2021 to February 7, 2024 is remanded due to an inextricably intertwined pending appeal for a higher initial rating for her back disability.

The Board has granted a 40 percent rating for left and right lower extremity radiculopathy, finding that the Veteran's impairment is characterized by moderately severe incomplete paralysis of the sciatic nerve.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on aid and attendance or housebound status, as he does not require personal assistance from others and is not substantially confined to his dwelling.

The Veteran's service-connected lumbosacral strain with degenerative changes, sciatic nerve radiculopathy of the bilateral lower extremities, and femoral nerve radiculopathy of the bilateral lower extremities are all denied as they do not meet the criteria for a higher disability rating.

The Veteran's service-connected disabilities, including degenerative joint disease of the cervical spine, right upper extremity radiculopathy, degenerative joint disease of the lumbar spine, and right lower extremity radiculopathy, have resulted in a combined rating of 60 percent as of March 15, 2019. The Board has granted an earlier effective date for TDIU to this point.

The Board has determined that the Veteran's left hip condition is not service-connected due to lack of a causal link, and an additional opinion is needed to address whether any aggravation by his service-connected conditions exists.

The Board has granted a rating of 40 percent for sciatic neuropathy, left lower extremity, associated with left hip osteoarthritis with limited abduction. This decision is based on the Veteran's symptoms and medical examination findings.

The Veteran's service-connected disabilities, including back disability, radiculopathy, knee and foot disabilities, and hearing loss/tinnitus, render him unable to secure or follow substantially gainful employment prior to August 29, 2022. The Board has granted a TDIU based on the severity of these conditions.

The Board has granted service connection for allergic rhinitis and denied service connection for tinnitus, sciatica of the LLE and RLE, sleep apnea, GERD, major depression, and insomnia.

The Board has remanded the case for further development and consideration of issues related to the Appellant's character of discharge, service connection for a spinal disorder, and service connection for bilateral lower extremity radiculopathy. The AOJ is instructed to correct any pre-decisional errors in these claims.

The Veteran's service connection claim for a right lower extremity neurological disorder is denied. The RO granted an increased disability rating of 10 percent for GERD from June 24, 2022, and denied claims for increased ratings for dermatitis, back disability, left lower extremity sciatica, and knee strains.

The Board has granted the Veteran's appeal for increased ratings and additional benefits, including a temporary total evaluation for low back due to surgery, SMC based on housebound criteria, and service connection for left lower leg radiculopathy. The decision also grants eligibility for attorney fees from past-due benefits awarded in October 2022.

The Veteran's lumbosacral strain is rated at 40 percent effective November 12, 2019.,Left shoulder arthritis and related disabilities (bicipital tendon tear, rotator cuff tear, labral tear including SLAP) are rated at 30 percent effective May 23, 2019. The Veteran's left lower extremity radiculopathy of the femoral nerve is rated at 40 percent effective January 1, 2019. The Veteran's right lower extremity radiculopathy of sciatic nerve and right lower extremity radiculopathy of the femoral nerve are both rated at 30 percent effective January 1, 2019.,TDIU (total disability rating based on individual unemployability) is not granted due to lack of evidence showing entitlement prior to November 27, 2018.,DEA (Dependents' Educational Assistance) eligibility is denied as it requires a total disability rating.

The Veteran's claims for earlier effective dates for lumbosacral strain, sciatic nerve left lower extremity radiculopathy of the lumbar spine, left foot injury, and sciatic nerve right lower extremity radiculopathy of the lumbar spine have been dismissed as freestanding claims without a request for reconsideration based on clear and unmistakable error in prior final rating decisions.,The Veteran's claim for an earlier effective date for scar of the left lower extremity has also been dismissed. The Board found no evidence that can be construed as a claim for this condition prior to August 26, 2019.

The Veteran's combined schedular disability ratings meet the minimum requirements for consideration of a TDIU, and her service-connected disabilities rendered her unable to secure and follow substantially gainful employment.

The Board has remanded the claims for service connection for a lower back condition, right leg radiculopathy, and left leg radiculopathy due to procedural errors. The Veteran's tinnitus claim remains denied.

The Veteran's LLE and RLE radiculopathy have been rated at 20 percent, the maximum schedular rating. The Veteran's unspecified depressive disorder has also been rated at 50 percent, the maximum schedular rating.,Entitlement to a higher rating for GI disorder is denied as the Veteran is already in receipt of the maximum schedular rating.

The Board has granted service connection for the Veteran's claimed conditions, including diverticulitis with GERD and resection of the small intestine, sleep apnea, degenerative arthritis of the thoracolumbar spine, right lower extremity sciatica, and left lower extremity sciatica. The claims are remanded for further development.

The Board has remanded the Veteran's claim for a back disability due to insufficient medical opinion regarding the relationship between his service and acquired back disorders. The case will be returned to obtain an adequate medical opinion.