Radiculopathy & sciatica decisions — 2024

The Veteran's left and right lower extremity radiculopathy are granted as secondary to his service-connected back disability.,The Veteran's gastroesophageal reflux disease (GERD) is granted as caused by the use of nonsteroidal anti-inflammatory drugs (NSAIDs) for his service-connected back and knee disabilities.

The Veteran's bilateral pes planus and plantar fasciitis were restored to a 50% rating, effective February 5, 2022. Increased ratings for left and right lower extremity radiculopathy (femoral and sciatic nerves) and left knee limitation of extension were granted. Effective dates of May 25, 2021, were assigned for the increased ratings.

The Veteran's tinnitus is granted as secondary to service-connected bilateral hearing loss. The Board has remanded the issues of left upper extremity, right upper extremity, left lower extremity, and right lower extremity neuropathy due to exposure to herbicides.

The Veteran was granted an extension of his delimiting date for Post-9/11 GI Bill education benefits, allowing him to use the benefits beyond September 16, 2020. The extension is due to a physical disability (lower back pain with radiculopathy) preventing him from attending school between August 9, 2018 and August 18, 2019.

The Board has decided to remand the case due to incomplete medical opinions and missing service records. The Veteran's back disability is being reviewed for possible service connection.

The Board has remanded the case due to incomplete records and need for further examinations.

The Board denied an initial rating in excess of 40 percent for right lower extremity radiculopathy, sciatic nerve and an initial rating in excess of 20 percent for right lower extremity radiculopathy, femoral nerve.

The Veteran's service-connected back, left leg radiculopathy, and tinnitus disabilities prevented him from retaining substantially gainful employment from December 2, 2013, to February 6, 2018. The Board granted a TDIU for this period.

The Board has granted service connection for a lumbar spine disability as secondary to the Veteran's service-connected left knee disability.

The Veteran's claims for earlier effective dates prior to July 6, 2021, for service connection of cervical degenerative arthritis with intervertebral disc syndrome and upper extremity radiculopathy were denied.,An effective date prior to January 14, 2022, for a temporary total rating based on surgical or other treatment necessitating convalescence was also denied.

The Veteran's claim for an effective date of November 24, 2015, for service connection for bilateral lower extremity radiculopathy of the sciatic nerves is granted. The claim for service connection for prostate cancer is denied.

The Veteran's service-connected lumbosacral strain and bilateral lower extremities radiculopathy have rendered him in need of regular aid and attendance, which is required for SMC at the (l) rate.

The Veteran's TDIU is granted due to his service-connected right lower extremity radiculopathy, and he also qualifies for SMC based on the combined rating of his service-connected disabilities. The effective date will be determined by the agency of original jurisdiction.

The Board has remanded the claims for increased ratings for cervical radiculopathy and degenerative joint disease, as there is evidence of moderate to severe symptoms affecting multiple nerve groups in both upper extremities.

The Veteran's claims for higher ratings for lumbosacral strain with IVDS, left lower extremity sciatic radiculopathy, and unspecified depressive disorder with anxious distress were denied. The Board found that the evidence did not support a rating in excess of the current 20 percent for lumbosacral strain with IVDS or the current 10 percent for left lower extremity sciatic radiculopathy.

The Veteran's right and left lower radiculopathy have been rated at 40 percent since February 27, 2020.,Both conditions are currently rated as moderately severe incomplete paralysis of the sciatic nerve.

The Veteran's claim for service connection for bilateral hearing loss has been denied as there is no new and relevant evidence to warrant readjudication.,Service connection for paralysis of the sciatic nerve (peripheral neuropathy, left foot) and right foot have both been granted due to equipoise in the evidence supporting their secondary nature to a service-connected condition.,The Veteran's hypertension has not met the criteria for a compensable rating as his diastolic pressure was never predominantly 100 or more and he does not require continuous medication for control.,Total disability rating based on individual unemployability (TDIU) is remanded due to inextricably intertwined with service connection claims.

The Veteran's claim for an initial rating in excess of 30 percent for left upper extremity cervical radiculopathy was denied. The claim for an earlier effective date for the award of service connection for left upper extremity cervical radiculopathy was granted, but with a specific effective date of July 11, 2013.

The Veteran's claim for a higher rating for TMJ was denied as his interincisal range did not meet the criteria for a higher rating. The claim for an earlier effective date for TDIU and Dependents' Educational Assistance (DEA) was also denied, with the Board finding that the Veteran had stopped working on March 20, 2015.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, but his claim was denied because he did not submit a completed VA Form 21-8940. The Board finds that a formal application form is not required and there is sufficient information regarding the Veteran's educational and employment history. However, there is insufficient information regarding the functional impact solely due to the service-connected disabilities.