Radiculopathy & sciatica decisions — 2024

The Board granted an initial rating of 40 percent for radiculopathy in both the left and right lower extremities.

The Veteran's ratings for right and left lower extremity radiculopathy of the sciatic and femoral nerves were granted at a 20 percent rating from January 29, 2018 to December 10, 2021.

The Veteran's earlier effective date claims for hypertension, obstructive sleep apnea, diabetes mellitus, diabetic nephropathy, right lower extremity sciatic peripheral neuropathy, and left lower extremity sciatic peripheral neuropathy have been remanded due to the need for further action.,For hypertension, an earlier effective date is denied as it predates the Veteran's initial claim on October 1, 2022.,For obstructive sleep apnea, an earlier effective date is denied as it predates the Veteran's intent to file a claim in May 2016.,For diabetes mellitus, type II, an earlier effective date is denied as it predates the Veteran's initial claim on September 20, 2011.,For diabetic nephropathy, an earlier effective date is denied as it predates December 18, 2017 when entitlement first arose.,For right lower extremity sciatic peripheral neuropathy and left lower extremity sciatic peripheral neuropathy, earlier effective dates are remanded due to the need for further review of the evidence.

The Veteran requested to withdraw his appeals for earlier effective dates for the awards of service connection for right and left lower extremity radiculopathies. The Board dismissed these appeals as per the Veteran's request.

The Veteran's right knee condition has been rated at 10 percent, and the Board is remanding this issue for further development. Additionally, earlier effective dates are being sought for TDIU and Dependents' Educational Assistance benefits.

The Veteran's left lower extremity sciatic nerve radiculopathy is manifested by moderate incomplete paralysis, and the Board has granted an initial rating of 20 percent disabling.

The Veteran's current back disability, including lumbosacral strain, sacroiliac injury, sacroiliac weakness, and bilateral radiculopathy of the sciatic nerve, is directly related to his in-service April 1988 motor vehicle accident. The Board has granted service connection for these conditions.

The Board has determined that the Veteran does not have radiculopathy of the left lower extremity and therefore denied her claim for service connection.

The Board has decided to remand the Veteran's claims for increased ratings due to a pre-decisional duty to assist error in not rescheduling her examinations, and is directing the AOJ to obtain medical opinions regarding the severity of her disabilities during the relevant period on appeal.

The Board denied the Veteran's requests for an earlier effective date for service connection of radiculopathy, left and right lower extremities, as well as TDIU.,It was determined that the claims were not filed within one year prior to October 13, 2020.

The Veteran's claims for increased ratings and SMC were denied. The Board found that the evidence did not support earlier effective dates, as there was no showing of total occupational and social impairment prior to January 14, 2021.

The Veteran's claims for effective dates prior to October 19, 2019 are remanded due to the need for additional development regarding the competency of a VA examiner.,The Veteran's claims for disability ratings in excess of those granted are also remanded due to the need for additional development regarding the competency of a VA examiner.

The Board has decided to remand the Veteran's claims for increased disability ratings for radiculopathy of the bilateral lower extremities due to a lack of adequate evaluation in the previous VA examination. A new VA examination is required to determine the severity of these conditions.

The Board denied an earlier effective date for service connection and a higher initial rating, but granted the Veteran's request for a 20 percent rating for left lower extremity radiculopathy (sciatic nerve) prior to December 11, 2020.

The Board denied the Veteran's claim for an effective date prior to February 26, 2016 for service connection for a lumbar spine disability. The appeal was found to be final due to lack of timely submission and new and material evidence.

The Board has granted earlier effective dates of June 21, 2018 for the Veteran's service connection claims for degenerative arthritis of the cervical spine and bilateral upper extremity radiculopathy (neuritis), finding that these conditions were secondary to his service-connected cervical spine disability.

The Board denied service connection for left shoulder, right shoulder, and back disabilities. The Veteran's right leg disability was considered in conjunction with the back disability.,There is no evidence of a chronic condition during or within one year after active duty that could be presumed due to exposure to Agent Orange or Camp Lejeune.

The Veteran's migraine/tension headaches are granted as service-connected, with effective date of November 20, 2024.,Service connection for degenerative joint disease and strain of the thoracolumbar spine is granted, effective September 10, 2015. The earlier effective date claim is denied.

The Veteran's service connection claims for bilateral pes planus, plantar fasciitis, cervical strain, lumbosacral strain, left and right lower extremity radiculopathy, left and right hip strains, left and right knee conditions, and tinnitus have been granted. The Veteran is also assigned a 10 percent rating for each of the affected limbs.

The Veteran withdrew all appeals before the Board, including those for earlier effective dates and ratings for radiculopathy of various upper and lower extremities. As a result, the appeal is dismissed.