Radiculopathy & sciatica decisions — 2024

The Board dismissed the appeal as it was not timely filed and the issue of an initial rating in excess of 40 percent for lumbar strain with degenerative arthritis had already been decided by a final Board decision.

The Veteran's claims for service connection were denied, and the Board found that no earlier effective date could be assigned due to failure to continuously pursue the claim within one year of the decision on appeal.

The Veteran's claim for a higher disability rating for PTSD was denied, and his TDIU claim has been rendered moot due to the combined schedular disability rating of 100 percent. His DEA benefits were also denied.

The Board has granted an effective date of May 23, 2015 for the appellant's service connection claims for a back disability and right lower extremity radiculopathy.,Prior to this decision, the earliest claim received by VA was on August 7, 2017.

The Board has granted a TDIU based on the Veteran's service-connected cervical spine disability and associated radiculopathy, as part of the November 2021 supplemental claim. The Appellant is eligible to attorney fees for past-due benefits awarded in the February 2022 rating decision.

The Board has dismissed the appeals for earlier effective dates and initial ratings for peripheral neuropathy of the sciatic nerves and TDIU due to service-connected disabilities as they are still pending in the legacy system.

The Veteran's bilateral lower extremity radiculopathy resulted in moderately severe impairment of the sciatic nerve, and a rating of 40 percent is granted for each leg.

The Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities are being remanded due to an inadequate VA examination. A new examination is required to address the Veteran's symptoms, including 'foot drop' and abnormal gait.

The Veteran's disability rating for spinal stenosis with right and left lower extremity radiculopathy has been restored to 100 percent effective December 9, 2003. The appeal as to service connection for right lower extremity radiculopathy with a separate evaluation of 20 percent is dismissed as moot.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected disabilities, including lumbosacral strain, bilateral plantar fasciitis with calcaneal spurs, chronic fatigue syndrome, and other conditions. As such, the claim for service connection for OSA is granted.

The Board has remanded the Veteran's claims for service connection for a lower back disability and left and right lower extremity radiculopathy due to pre-decisional duty to assist errors. A VA examination is needed to determine the nature, onset, and etiology of these conditions.

The Veteran's claim for a higher disability rating for his right lower extremity radiculopathy with ankle neuropathy and restless leg syndrome, sciatic nerve is granted. The claim for a compensable disability rating for his left lower extremity radiculopathy with ankle neuropathy and restless leg syndrome, internal saphenous nerve is denied.

The Veteran's service-connected disabilities, including PTSD, back disorder, multiple radiculopathy, tinnitus, and left shoulder disability, render him in need of regular aid and attendance due to his mental and physical incapacity. The Board granted special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's claims for higher ratings and effective dates were denied. The right ankle, lumbar spine, and left sciatic nerve impairment cases all had their effective dates fixed at the January 7, 2021 rating decision.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment, as he does not have a loss of use of his feet, hands, vision impairment, burn injury, ALS, or ankylosis of knees or hips.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing is remanded due to the need for new VA examinations and further development of medical opinion evidence.

The Veteran's claim for earlier effective dates and SMC based on need for aid and attendance is denied. The effective date for SMC based on loss of use of one foot is granted as of March 24, 2009.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathies have been granted initial ratings of 60 percent and 20 percent, respectively, effective June 30, 2016.

The Veteran's lumbar strain and lower extremity radiculopathy have been granted evaluations, with a TDIU also being granted.

The Veteran's appeal includes multiple claims for increased disability ratings and TDIU. The Board has identified several records that are not in the claims file, including SSA records and VA treatment records from VistA Imaging system. These records may be relevant to the instant appeals.