Radiculopathy & sciatica decisions — 2024

The Veteran's claim for an earlier effective date for the award of service connection for right lower extremity radiculopathy is denied as there was no documented right lower extremity radiculopathy prior to March 17, 2020.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right lower extremity nerve disorder is aggravated by his service-connected patellofemoral pain syndrome of the right knee.

The Board has granted service connection for right and left lumbar radiculopathy, but the issue of service connection for a right ankle disability as secondary to right foot plantar fasciitis is remanded.

The Veteran's service-connected disabilities have rendered him wheelchair bound and in need of nursing home care, regular aid and attendance to prepare his meals, assist with bathing and hygiene needs, and manage medication. The Board has granted special monthly compensation based on the need for regular aid and attendance but dismissed the claim for special monthly compensation at the housebound rate as moot.

The Board has granted an effective date of September 20, 1996 for the assignment of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Veteran's PTSD, allergic rhinitis, lumbosacral strain with degenerative arthritis and herniated disc at L4-L5, left lower extremity sciatic radiculopathy, bilateral fallen arches, neurological condition of other systems, and bilateral hearing loss are all service-connected. However, a rating in excess of 30 percent for PTSD is denied.

The Board has dismissed the appeals for service connection and rating for tinnitus, allergic rhinitis (claimed as sinus problems), low back pain, lumbar radiculopathy on both sides of the body, and pseudofolliculitis barbae. The Veteran's death during the appeal process means these claims are now closed.

The Board has granted service connection for various conditions and assigned ratings effective February 12, 2014. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the April 2020 rating decision.

The Veteran's appeal for higher ratings and effective dates was denied. The Board found that the severity, frequency, and duration of his PTSD symptoms did not meet the criteria for a 100% rating, while his right lower extremity radiculopathy warranted a 20% rating from May 23, 2022. Other issues were also denied.

The Veteran's initial ratings for his cervical spine and upper extremity radiculopathy disabilities have been granted, with a 20 percent rating for each condition. The higher ratings requested were denied.

The Veteran's service-connected disabilities, including migraine headaches, cervical spine disability, and right upper extremity radiculopathy, have prevented her from securing or following substantially gainful employment since July 11, 2017.

The Board has restored the previously assigned ratings for right and left lower extremity radiculopathies (sciatic nerve) and femoral nerve, effective February 23, 2021.

The Veteran's claim for service connection for lower left extremity radiculopathy secondary to degenerative disc disease was granted with an effective date of June 3, 2014. The Board found that this earlier effective date is appropriate as the condition was already in receipt of its earliest authorized date due to the direct service-connected nature.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment.

The Board denied the Veteran's claim for a TDIU prior to February 19, 2019, finding that his service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Board has denied service connection for left and right lower extremity radiculopathy, finding that the Veteran does not have a current diagnosis of these conditions. The claims are remanded for further development.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations.

The Veteran's service connection claim for tension headaches is denied. The Veteran's lumbar spine strain and right lower extremity radiculopathy claims are remanded, while the left shoulder AC joint separation and PTSD claims remain denied.