Radiculopathy & sciatica decisions — 2024

The Veteran's claims for earlier effective dates for the assignment of ratings for radiculopathy, wrist disabilities, and hip osteoarthritis have been dismissed as freestanding claims. The Board found that these claims lack legal merit.

The Veteran's appeals for increased evaluations of his service-connected lumbosacral muscle strain with intervertebral disc syndrome and right lower extremity sciatic nerve radiculopathy, as well as his claim for TDIU, have been dismissed due to the Veteran's death.

The Board has found errors in the pre-decisional duty to assist and requires remand of the Veteran's claims for bilateral piriformis syndrome with radiculopathy due to incomplete service records, including those from his Reserve Service and active duty service in 1988. A new examination is needed after obtaining these records.

The Veteran's service-connected disabilities have precluded him from obtaining and maintaining substantially gainful employment throughout the appeal period, leading to a grant of TDIU as of May 20, 2021.

The Veteran's bilateral lower extremity radiculopathy, involving the sciatic and femoral nerves, has been granted initial disability ratings of 20 percent each.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional evidence, including updated VA treatment records and a VA examination.

The Veteran's claims for higher ratings for his right ankle sprain, sciatica, and shoulder strain have been denied. The adjustment disorder rating has been restored to 50% effective May 2, 2022.

The Veteran's lumbar strain and left lower extremity radiculopathy associated with the sciatic nerve have been rated based on their current manifestations. The appeal is remanded for further development.,TDIU on an extraschedular basis has also been remanded.

The Veteran's claims for higher ratings and service connection are being remanded due to procedural issues. The effective date of March 9, 2018, is granted for the award of service connection for radiculopathy of the right lower extremity.

The Veteran's appeal regarding the effective date for right lower extremity radiculopathy has been remanded.,The Veteran's appeal regarding an initial evaluation in excess of 40 percent for right lower extremity radiculopathy has been remanded.,The Veteran's appeals regarding the effective dates for bilateral hearing loss and Dependents' Educational Assistance have been remanded.,The Veteran's appeal regarding restoration of special monthly compensation for the loss of use, deafness of both ears, has been remanded.

The Veteran's appeal for acid reflux was dismissed. The Board remanded the issues of entitlement to service connection for a left shoulder condition, a lower back condition, and left lower extremity sciatic radiculopathy, secondary to the lower back condition.

The Board has remanded the cases for further development due to a lack of recent VA examinations and outstanding records. The Veteran's lumbar spine disability and right lower extremity radiculopathy are both being examined again, and his TDIU claim is also inextricably intertwined with these issues.

The Board has remanded the claims for increased ratings due to a pre-decisional duty to assist error related to the September 2022 and October 2022 VA examinations on the back and bilateral hips. The Veteran's disabilities include a back disability, lower extremity radiculopathy (bilateral), right hip disability, and left hip disability.

The Board has remanded the Veteran's claims for service connection for radiculopathy of the upper extremities and carpal tunnel syndrome of both wrists due to a failure to obtain or provide an adequate medical opinion regarding the etiology of these conditions.

The Veteran's right lower extremity radiculopathy is granted an initial rating of 20 percent, but no higher. The nasal septal deviation remains noncompensable.

The Board has granted service connection for bilateral upper extremity cervical radiculopathy, finding that it is etiologically related to the appellant's service-connected discogenic disease of the cervical spine.

The Veteran's appeals for increased disability ratings and a total disability rating due to individual unemployability have been dismissed due to the death of the Veteran.

The Board denied the Veteran's request for an earlier effective date for his total disability rating based on individual unemployability (TDIU) prior to August 20, 2021. The TDIU was granted as of August 20, 2021, and the Board found that the Veteran had been unable to secure and maintain gainful employment due to his service-connected disabilities since November 2020.

The Veteran's claims for increased ratings for low back disorder and radiculopathy of the lower extremities are remanded due to conflicting range of motion findings and inconsistent diagnoses.

The Board has granted an effective date of December 13, 2013 for the award of service connection for right lower extremity radiculopathy. The Veteran's low back disorder is still under appeal and requires further review to determine appropriate ratings and effective dates.