Radiculopathy & sciatica decisions — 2024

The Board has remanded the case due to duty-to-assist errors regarding the relationship between the Veteran's service-connected lumbar spine disability, tinnitus, and OSA. The Veteran contends that his current OSA was caused or aggravated by his service-connected lumbar spine disability and tinnitus.

The Board has remanded the Veteran's claims for service connection due to new evidence indicating potential exposure during service. The claims are being reviewed in light of the PACT Act, which requires VA to obtain a medical opinion regarding the relationship between current disabilities and presumed toxic exposures.

The Veteran's TDIU claim is pending for the entire period prior to April 16, 2021. The AOJ did not obtain SSA records relevant to his TDIU claim before adjudicating it, which constitutes a pre-decisional duty to assist error. The Board orders remand to consider these records.

The Veteran's DDD of the cervical spine and radiculopathy of both upper extremities are granted as service-connected. The Board found that these conditions were incurred or aggravated by in-service injuries.

The Veteran is seeking an earlier effective date for the award of additional ratings and basic eligibility for dependents' educational assistance (DEA). The Board finds that these claims are denied as the Veteran did not continuously pursue his prior claims.

The Board has granted earlier effective dates for the Veteran's increased ratings for peripheral neuropathy and radiculopathy of his upper and lower extremities, all effective November 2, 2017.

The Board has granted earlier effective dates of January 25, 2018 for the service connection of radiculopathy (sciatic nerve) in both left and right lower extremities.

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy and degenerative disc disease of the lumbar spine, rendered him unable to secure or maintain substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is currently rated at 60% for chronic kidney disease/diabetic nephropathy with hypertension, 20% for diabetes mellitus, type II, and 10% each for tinnitus, bilateral hearing loss, peripheral neuropathy of the upper extremities, and radiculopathy of the lower extremities.

The Veteran's left lower extremity radiculopathy was initially evaluated as 10 percent prior to March 21, 2022 and granted a 20 percent evaluation effective from that date. The right lower extremity radiculopathy remains at 10 percent.,An initial evaluation in excess of 40 percent for DDD with lumbosacral strain and spinal stenosis prior to March 21, 2022 is being remanded.

The Veteran's cause of death was not service-connected, and his service-connected disabilities did not contribute substantially or materially to cause death.,The Appellant's income exceeded the maximum annual pension rate, preventing her from receiving survivor's pension.

The Veteran has withdrawn all appeals related to the issues of service connection for various conditions, including diabetes mellitus, type II, gout, hypertension, nephrolithiasis and stage IV kidney failure, left knee replacement and pain disability, right knee pain disability, left upper extremity radiculopathy (hand numbness), left lower extremity neuropathy and radiculopathy, right upper extremity radiculopathy (hand numbness), right lower extremity neuropathy and radiculopathy, lumbar back pain and degenerative joint disease (DJD), and atrial fibrillation and coronary calcifications, status-post ablation.

The Veteran's appeal is remanded for additional development on the issues of service connection for a neck disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity. The TDIU issue is also referred to the Director for extraschedular consideration.

The Veteran's initial disability ratings for lumbar radiculopathy in both lower extremities have been granted at a 40 percent rating.,An increased disability rating for degenerative arthritis of the cervical spine is being remanded.

The Board has remanded three issues: revising the 1991 and 1993 rating decisions for L5-S1 herniated nucleus pulposus, determining an earlier effective date for left lower extremity radiculopathy of the sciatic nerve, and evaluating right lower extremity radiculopathy of the sciatic nerve higher than 20 percent. The issues are inextricably intertwined with each other.

The Veteran is rendered unable to obtain or maintain substantially gainful employment due to service-connected knee and lumbar spine disabilities from October 2, 2015 to December 1, 2015, June 20, 2016 to September 1, 2016, July 19, 2017 to September 1, 2018, and April 10, 2019 to June 1, 2019.

The Veteran's right and left knee disabilities, low back disability, radiculopathy of the lower extremities, skin condition (Hidradenitis), sleep apnea, and restrictive airway disease are all found to be related to his military service.,Service connection is granted for these conditions.

The Board has granted service connection for radiculopathy of the sciatic nerve in both lower extremities as secondary to a service-connected low back disability, and awarded a 50% rating for migraines/headaches.

The Board has remanded the Veteran's claims for increased ratings due to inadequate medical examination at the November 2020 VA examination, specifically regarding functional loss during flare-ups and after repeated use over time.

The Veteran's claim for an earlier effective date for the assignment of a 40 percent rating for right upper extremity radiculopathy is denied. The claim for service connection for diabetic peripheral neuropathy, right lower extremity is also denied as it was granted based on the February 22, 2023 submission of his increased rating claim for diabetes mellitus type II.