Radiculopathy & sciatica decisions — 2024

The Veteran's claims for an effective date earlier than August 6, 2021 for the grant of service connection for tinnitus and an effective date earlier than August 25, 2023 for the grants of service connection for lumbar radiculopathy, sciatic, left and right are denied.,The Veteran's claims for a rating in excess of 50 percent for PTSD with alcohol use disorder, an initial compensable rating for bilateral hearing loss, a rating in excess of 10 percent for tinnitus, a rating in excess of 20 percent for disc degeneration at fifth lumbar, first sacral of the lumbar spine, and ratings in excess of 40 and 20 percent for lumbar radiculopathy, sciatic, left and right are denied.,The Veteran's claims for a compensable rating for scar, left knee, a rating in excess of 10 percent for painful scar, left knee, and a compensable rating for hemorrhoids are denied.

The Board has remanded the Veteran's claims for service connection for bilateral upper extremity radiculopathy due to pre-existing service-connected shoulder disabilities. The AOJ is instructed to obtain a VA examination and consider whether the Veteran's nerve disorders are related to his service-connected shoulder conditions or aggravated by them.

The Board denied service connection for various disabilities, including low back disability, left lower extremity radiculopathy, GERD, allergic rhinitis, hypertension, chronic fatigue syndrome (CFS), skin cancer, and hiatal hernia, finding that the evidence did not support a nexus to service.

The Veteran's hypertension is granted as service connected. The Board has ordered remand for further examination and opinions regarding the Veteran's upper extremity radiculopathy and SMC A&A.

The Veteran's left and right lower extremity radiculopathy of the sciatic nerve were granted service connection effective January 6, 1993.

The Veteran's appeal of the award of attorney fees to M.D.H. based on past-due benefits awarded in an April 2020 rating decision is granted.

The Veteran's claims for increased ratings of service-connected left and right lower extremity radiculopathy, as well as his request to connect service with foot strain, are being remanded due to the need for further review.

The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.

The Veteran's claims for increased ratings and an effective date prior to November 5, 2018, for right lower extremity radiculopathy are remanded due to duty-to-assist errors. The Board also found that the evidence supports a finding of entitlement to an earlier effective date of May 16, 2018.

The Board denied the Veteran's claims for service connection for GERD, LLE radiculopathy, and RLE radiculopathy as secondary to his service-connected back and neck disabilities. The VA examiner found no nexus between the claimed conditions and the Veteran's active duty service or service-connected disabilities.

The Veteran's service connection claim for right ear hearing loss is denied.,The Veteran's Parkinson's Disease with balance impairment is rated at the maximum allowable under Diagnostic Code 8004-6204, and a higher rating is not granted.,Separate ratings are granted for bilateral lower extremity radiculopathy, urinary problems, difficulty chewing, swallowing, and drooling, left sided speech changes, and right sided speech changes associated with Parkinson's disease.,The Veteran's service-connected left ear hearing loss does not meet the criteria for a compensable rating.

The Veteran's claim for TDIU was denied as there is no evidence of a pending unadjudicated claim prior to July 12, 2022. The effective date for the grant of TDIU is set at July 12, 2022.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another individual, as they cause her to require assistance with feeding, preparing meals, dressing, grooming, toileting, managing medication, and attending to daily needs.

The Veteran's claim for total disability based on individual unemployability (TDIU) prior to December 20, 2010 was denied as he did not meet the schedular requirements and his service-connected disabilities were insufficient to render him unable to secure or follow a substantially gainful occupation.

The Board granted an initial 20 percent rating for degenerative disc disease with degenerative joint disease and intervertebral disc syndrome of the thoracolumbar spine prior to May 3, 2023, but denied a higher rating from that date. The claim for an increased rating for left lower extremity radiculopathy was also denied.

The Veteran's claims for increased ratings are remanded due to the failure to obtain all relevant nonVA treatment records.,The Veteran's bladder problems may be related to his lumbar spine disability or a nonservice-connected condition, and further clarification is needed.

The appeal for increased ratings in excess of 20 percent, 10 percent, and 10 percent for back disability and bilateral lower extremity radiculopathy has been dismissed due to the October 2022 rating decision not being a final, appealable decision.

The Board has granted service connection for a back condition secondary to the Veteran's right knee injury, finding that her abnormal gait likely aggravated her pre-existing back condition.

The Board denied the Veteran's requests for earlier effective dates for service connection of lumbosacral disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date was set at October 27, 2021.

The Board has determined that the Veteran's erectile dysfunction is proximately due to his service-connected migraine headaches, left shoulder acromioclavicular joint osteoarthritis, right shoulder bicipital tendonitis, rotator cuff tear with glenohumeral joint osteoarthritis and degenerative arthritis, degenerative arthritis of the spine, temporomandibular joint disease (TMJ), chronic, left ankle post traumatic degenerative joint disease, right hip trochanteric pain/bursitis syndrome (extension), and right hip trochanteric pain/bursitis syndrome (flexion).