Radiculopathy & sciatica decisions — 2024

The Veteran's back disability is rated at 10 percent, and the Board has remanded his claims for increased ratings for right and left lower extremity radiculopathy associated with his service-connected thoracolumbar strain.

The Board has dismissed the appeals regarding entitlement to increased ratings for left and right lower extremity radiculopathy, as well as TDIU and DEA benefits prior to November 21, 2014. The Veteran's appeal was placed on a separate docket due to his opting into the Appeals Modernization Act (AMA).

The Veteran's appeals for higher ratings in several service-connected disabilities are remanded due to the need for updated VA examinations and treatment records.

The Veteran's claim for a higher rating for PTSD has been granted, effective February 10, 2017. The Board also found that the Veteran's lumbar disorder is service connected and assigned an effective date of February 10, 2017.

The Veteran's claim for SMC based on the need for regular aid and attendance is granted from April 30, 2014 to April 8, 2020. The other issues are remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since February 2, 2007. The Board finds that the evidence is at least evenly balanced as to whether he was precluded by his service-connected disabilities from obtaining and maintaining substantially gainful employment in occupations related to his education, training, and work experience.

The Board has granted effective dates of November 30, 2018 for separate ratings for sciatic nerve radiculopathy in both lower extremities. The Veteran's initial claim was not timely filed and the new evidence supporting this claim is within one year of his implied claim.

The Veteran's claim for service connection for a left knee disability has been reopened and granted. The claims for service connection for OSA, increased rating for lumbosacral strain, initial ratings for RLE sciatic radiculopathy (prior to October 12, 2018) and LLE sciatic radiculopathy (post October 12, 2018), TDIU based solely on an acquired psychiatric disorder, SMC at the housebound rate, and basic eligibility to DEA under 38 U.S.C. Chapter 35 have all been granted.

The Board has remanded the Veteran's claims for earlier effective dates for his service-connected lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy ratings as they were initially assigned on January 9, 2019.

The Board has remanded the Veteran's claims for service connection due to inadequate VA medical opinions and inextricably intertwined issues with his back condition.

The Veteran's service-connected disabilities do not affect his ability to dress, feed himself, or attend to the wants of nature. The Board finds that he does not require the aid and attendance of another person.

The Board has decided to remand the case due to insufficient development of evidence regarding whether the Veteran's left arm numbness is related to his service-connected right shoulder disability.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and incomplete evidence. The issues include prolapsed colon, epidural site pain, acquired psychiatric disorder (including PTSD and somatization disorder), right leg radiculopathy, left leg radiculopathy, and bilateral foot disability.

The Board has granted service connection for cervical strain and right upper extremity cervical radiculopathy, finding that these conditions began during active duty service.

The Veteran's initial rating for pars defect of the lumbsacral spine was granted at a 40 percent level, and a separate 10 percent rating was granted for right lower extremity radiculopathy. The decision is based on the current disability picture without reference to service connection theory or exposure basis.

The Veteran's claim for higher ratings for service-connected low back disability, including sciatic and femoral radiculopathy, is being remanded due to missing medical authorizations.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since December 19, 2012. The Board has granted a TDIU on an extraschedular basis.

The Veteran's hearing loss is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's lumbar spine disorder is currently rated at 20 percent. The Board has remanded for further examination to determine if a higher rating is warranted.,The Veteran's right lower extremity radiculopathy is currently rated as 20 percent, and the Board has remanded for further examination to determine if a higher rating is warranted.,The Veteran's left lower extremity radiculopathy is currently rated as 20 percent, and the Board has remanded for further examination to determine if a higher rating is warranted.

The Board has found that a remand is necessary to ensure proper development of the Veteran's claims for an increased rating for radiculopathy of the right lower extremity and TDIU due to service-connected disabilities.

The Veteran's service-connected disabilities do not preclude her from securing and following a substantially gainful occupation, as she has maintained employment throughout the appeal period.