Radiculopathy & sciatica decisions — 2024

The Board has granted service connection for the Veteran's lumbar spine disorder with right lower extremity and left lower extremity radiculopathy, as well as his right hip disorder (degenerative arthritis), finding that these conditions had their onset during active service.

The Veteran's claim for service connection for OSA has been reopened, and the issue of entitlement to an effective date prior to September 24, 1969 is granted.,Service connection for TBI has been established, with an effective date of September 24, 1969.

The Board found that the original grant of service connection for a back disability and bilateral lower extremity radiculopathy was not clear and unmistakable error (CUE), thus the severance of service connection was improper, and the appeal is granted.

The Veteran's claims for earlier effective dates and increased ratings were denied due to lack of evidence showing an earlier date of claim or intent to file a claim.,Ratings in excess of 10 percent are not warranted for the Veteran's bilateral lower extremity radiculopathy conditions prior to July 2, 2021.

The Veteran's claims of higher disability ratings for back and radicular disabilities are remanded due to the possibility of worsening since a previous examination in 2018. The TDIU claim is also remanded as it is intertwined with the remanded claims.

The Veteran's diabetes mellitus is granted service connection. The low back disability, left and right lower extremity radiculopathy are all denied increased ratings. TDIU prior to October 1, 2018 is granted but since then is denied. Basic eligibility for Dependents' Educational Assistance (DEA) benefits was granted effective March 18, 2016.

The Board granted a 20% disability rating for radiculopathy of the right low extremity (sciatic nerve) from May 15, 2015 through October 26, 2020 and a 40% disability rating thereafter. A higher rating was denied.

The Veteran's cervical spine and thoracolumbar spine disabilities, along with associated radiculopathies of the upper and lower extremities, are granted as service-connected.,Separate issues regarding knee disabilities remain pending.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU benefits.

The Board has dismissed the issue of service connection for bilateral cervical radiculopathy. The issues of initial ratings higher than 40 percent for a low back disability, and initial ratings higher than 20 percent for right lower extremity radiculopathy and 10 percent for left lower extremity radiculopathy are remanded due to the Veteran's assertions of worsening symptoms.

The Veteran's left upper extremity radiculopathy is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has granted service connection for right lower extremity radiculopathy secondary to service-connected lumbar spondylosis, effective May 8, 2018. Service connection for a left foot condition is denied as there are no current symptoms related to a separate disability.

The Board has remanded the Veteran's claims for service connection due to a lack of medical records and incomplete evidence. The claims will be further developed with an emphasis on obtaining relevant treatment records, including from VA and private sources.

The Board denied increased ratings for left upper extremity and right lower extremity radiculopathy, as the evidence did not meet the criteria for a higher rating under VA's rating schedule.

The Board has remanded the cases for further development and examination to address the Veteran's complaints of flare-ups and their impact on his lumbosacral strain.

The Veteran's claims for effective dates prior to July 12, 2018, for service connection of right and left lower extremity radiculopathy have been denied.,The Veteran's claim for an increased rating for his back disability from July 12, 2018, has also been denied.

The Veteran's appeal for an increased rating for folliculitis and tinea pedis was dismissed. The claim of service connection for degenerative arthritis of the cervical spine with radiculopathy to the right upper extremity (previously right arm muscular pain/numbness) is granted.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that he did not meet the schedular requirements for a total disability rating based on individual unemployability prior to January 26, 2022.

The Veteran's tinnitus was granted service connection. The remaining claims for psychiatric, back, sciatica, headaches, fibromyalgia, chronic fatigue syndrome, respiratory disability, and hypertension are remanded.

The Board denied the Veteran's claims for service connection of a neck disability, bilateral upper extremity radiculopathy as secondary to a neck disability, sinusitis, and sleep apnea. The appeals were remanded for further development on these issues.