Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected right eye disability, low back pain, and related conditions have rendered him unable to secure or follow a substantially gainful occupation. He is also in need of regular aid and attendance due to his disabilities.

The Board has decided to remand the case due to a lack of a recent VA examination addressing the current nature and severity of the Veteran's service-connected left lower extremity radiculopathy. The Veteran will need to undergo a new examination.

The Veteran's TDIU and DEA benefits are granted effective May 27, 2016. The compensable rating for his service-connected bilateral tinea pedis is dismissed.

The Veteran's service-connected diabetic peripheral neuropathy in the upper and lower extremities has been granted effective July 12, 2018. Higher initial ratings are denied.

The Board has granted service connection for intervertebral disc syndrome (IVDS) with lumbosacral strain, right lower extremity radiculopathy as secondary to IVDS with lumbosacral strain, left lower extremity radiculopathy as secondary to IVDS with lumbosacral strain, and left hip impingement syndrome. Service connection for right thumb digital nerve lesion is also granted. The Veteran's tinnitus has been rated at 10 percent.

The Veteran's bilateral pes planus is rated at the maximum allowable under the applicable schedular criteria. The initial increased rating for cervical spine disability was granted, but an initial rating in excess of 20 percent is denied. The Veteran's right upper extremity radiculopathy and migraines are not shown to warrant higher ratings.

The Veteran's lumbar and cervical spine disabilities, as well as their associated radiculopathy, have been granted service connection.,A TDIU is also remanded for further adjudication.

The Veteran's service-connected lumbar spondylosis, left and right lower extremity sciatic nerve radiculopathy are being remanded for further evaluation. The Veteran is also seeking increased ratings for these conditions.

The Board has denied increased ratings for radiculopathy of the left and right lower extremities, but has remanded the claim for lumbar spine degenerative disc disease with strain due to a duty-to-assist error.

The Veteran's initial rating for chronic orthopedic symptoms of cervical spine disability, status post-operative, is denied as the evidence does not support a higher than 30 percent rating.,The Veteran's initial rating for associated cervical radiculopathy (minor LUE) is denied as the evidence does not support a higher than 30 percent rating.,The Veteran's initial rating for surgical scar residual, posterior neck, is denied as the evidence does not support a higher than 30 percent rating.,The Veteran's initial rating for associated cervical radiculopathy (major RUE) is denied as the evidence does not support a higher than 20 percent rating.

The Board remands the claims for a higher rating and earlier effective dates due to inadequate VA examinations.

The Veteran's lumbar spine condition, bilateral lower extremity radiculopathy, and low lumbar midline scar have been granted effective dates based on the date of service connection.,A temporary 100% rating for lumbar spine surgery through June 1, 2021, has also been granted.

The Veteran's right and left lower extremity radiculopathy of the external cutaneous nerves, ilioinguinal nerves, and obturator nerves have been rated as non-compensable (0 percent) ratings. The Board found that his disability is primarily manifested by mild to moderate incomplete paralysis.,The Veteran's right and left lower extremity radiculopathy of the femoral nerves have been rated as 10 percent ratings. The Board found that there is no evidence of moderately severe femoral nerve impairment.

The Board has denied service connection for left upper extremity neuritis, right upper extremity neuritis, and right lower extremity sciatica. The claims of service connection for migraines and lumbosacral strain are remanded.

The Board has granted the Veteran's claim for service connection for right lower extremity radiculopathy as secondary to his service-connected thoracolumbar spine degenerative arthritis.

The Board has dismissed the appeals for increased disability ratings and compensation for lumbar spine degenerative disc disease, right lower radiculopathy, and bilateral hearing loss due to the appellant's death.

The Veteran's claims for earlier effective dates for service connection and increased ratings were denied. The effective date for the right lower extremity radiculopathy (femoral) was granted on November 18, 2020.,The effective date for the left lower extremity radiculopathy (femoral) was also granted on November 18, 2020. The Veteran's claims for increased ratings were denied.

The Veteran's service-connected disabilities require him to have regular aid and attendance of another person, leading to the grant of special monthly compensation based on this need.

The Veteran's migraine headaches are rated at 30 percent, and the combined disability rating is calculated to be 90 percent due to bilateral factors. The Veteran does not meet criteria for a higher initial rating or a combined 100 percent rating.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU from February 12, 2021.