Radiculopathy & sciatica decisions — 2024

The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy, sciatic nerve, right and left lower extremities.

The Veteran's low back disability and right lower extremity radiculopathy were granted ratings, but tinnitus was denied service connection.

The Veteran's left lower extremity sciatica disability is currently rated at 20 percent, and the Board finds no evidence to support a higher rating.

The Veteran's sciatic nerve and femoral nerve peripheral neuropathy of the bilateral lower extremities have been granted increased disability ratings, with 40 percent for each affected nerve in both legs, effective from April 29, 2019.

The Board denied the Veteran's claims for earlier effective dates for service connection of left and right lower extremity lumbar radiculopathy, sciatic nerve due to lack of evidence showing these conditions prior to May 13, 2021.

The Board has dismissed the Veteran's appeals for service connection for radiculopathy, left lower extremity; bilateral hearing loss; radiculopathy, right lower extremity; and lumbar spine condition.

The Board has remanded the case for further development, including an examination to determine if the Veteran's service-connected depressive disorder and other conditions caused or aggravated his obesity, which in turn may have contributed to his OSA.

The Veteran's claim for increased ratings for diabetes, peripheral neuropathy of the upper and lower extremities, and tinnitus was denied. The Board found that the evidence did not support a higher rating for any condition.

The Board has denied the Veteran's claims for increased ratings for his low back disability and left lower extremity radiculopathy, finding that the evidence does not support a higher rating under the applicable VA rating criteria.

The Veteran's appeal for higher ratings on his service-connected back conditions and bilateral lower extremity radiculopathy was denied. The issue of TDIU, which was raised as part of the appeal, was also not addressed in the July 2023 HLR decision. In March 2024, a rating decision granted TDIU effective October 3, 2023.

The Board has remanded the Veteran's claims for increased ratings for his service-connected low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to pre-decisional duty-to-assist errors. The claims are being remanded for further examination and medical opinions.

The Veteran's bilateral lower extremity radiculopathy is granted with an effective date of November 8, 2021.,The Veteran's cervical and lumbar spine arthritis are granted with a 40 percent rating, effective February 24, 2022. The Veteran's special monthly compensation due to regular need for aid and attendance is granted with an effective date of July 23, 2024.,The Veteran's claims for increased ratings for cervical and lumbar spine arthritis are remanded.

The Board has dismissed the appeal due to a withdrawal by the appellant's authorized representative prior to the promulgation of a decision.

The Veteran's claim for an effective date prior to June 11, 2020, for a 50 percent evaluation of PTSD with TBI is denied.,The Veteran's claim for a 10 percent evaluation for a neck scar disability from November 15, 2011, is denied.,The Veteran's initial claim for an effective date prior to November 15, 2011, for a neck disability is denied.,The Veteran's claim for an earlier effective date for RUE radiculopathy prior to June 11, 2020, is dismissed as the AOJ granted a full grant of benefits on this issue.,The Veteran's claim for a 20 percent evaluation for a lumbar spine disability from November 15, 2011, through June 11, 2020, is denied.

The Veteran's claim for service connection for right and left lower extremity radiculopathy (sciatic nerve) was granted with an effective date of March 22, 2019.,The Veteran's claims for increased disability evaluations for right and left lower extremity radiculopathy (sciatic nerve) were also granted with an effective date of March 22, 2019.

The Veteran's right upper extremity radiculopathy is rated at 40 percent from April 26, 2019, until November 2, 2020.,An effective date earlier than April 26, 2019, for the grant of service connection for right upper extremity radiculopathy is denied.

The Veteran's bilateral sciatica radiculopathy has been granted an initial rating of 20 percent, effective August 27, 2020.

The Board has remanded the Veteran's claims for depression and anxiety disorder, sciatica, left hip condition, and right hip condition due to incomplete records and insufficient evidence of record. The AOJ is instructed to attempt to obtain relevant service treatment records and VA examinations are required to determine the nature, extent, and etiology of these conditions.

The Veteran's back condition and bilateral lower extremity radiculopathy have not improved under the conditions of daily life, and his knee conditions are also remanded for further evaluation.

The Board has decided to remand the Veteran's claim for service connection for sciatic neuropathy of the left lower extremity, as it found a pre-decisional duty to assist error. The AOJ will consider any additional evidence when the claim is readjudicated.