Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities have resulted in the need for regular aid and attendance of another person, leading to a grant of SMC based on aid and attendance. The housebound status claim is moot due to the grant of SMC at the aid and attendance rate.

The Veteran's claims for service connection are remanded due to a duty-to-assist error in obtaining his complete service personnel records, including any line-of-duty determinations related to his in-service fall from a bridge.

The Board has denied service connection for bilateral hearing loss and radiculopathy of the lower extremities due to a lack of evidence showing current disabilities as required by VA regulations.

The Board denied compensation benefits for left and right sciatic nerve pain, finding that the evidence did not support a claim of VA negligence or carelessness in causing or worsening the Veteran's condition.

The Veteran's request for an extension of the period for filing a VA Form 10182 as to the March 2021 decision on service connection issues is dismissed because the appeal has already been pending and docketed at the Board.

The Veteran's bilateral lower extremity radiculopathy is granted with a 20% evaluation, effective from the date of his increased rating claim.

The Veteran's claims for annual VA clothing allowances due to the use of back, right knee, left wrist, and shoulder braces have been granted. These allowances are subject to the laws and regulations governing monetary payments.

The Veteran's bilateral lower extremity radiculopathy, including sciatic and femoral nerve disabilities, have been granted increased initial disability ratings of 40 percent each for the right and left lower extremities.

The appeal for service connection for tinnitus is dismissed.,Service connection for a back condition, sciatic nerve radiculopathy in the right lower extremity, and sciatic nerve condition in the left lower extremity are denied.,Service connection for a neck condition, left shoulder condition, and left elbow condition are denied.

The Veteran's left lower extremity radiculopathy was granted a 40 percent rating effective March 28, 2024. The ratings for the right lower extremity radiculopathy were denied.

The Board remands the claims for further development, including additional VA examinations to assess the current severity of the service-connected conditions.

The Veteran's claims for higher ratings for degenerative disc disease and radiculopathy of the lower extremities are being remanded due to a lack of sufficient medical evidence. The Board will need to obtain new examinations to determine the current severity of these conditions.

The Board has remanded the Veteran's claims for cervical spine disability and left upper extremity radiculopathy due to insufficient medical opinions regarding their etiology. The VA is required to obtain new medical opinions addressing whether these disabilities are related to service.

The Veteran's service-connected disabilities, including lumbosacral spine degenerative disc disease and related radiculopathies, bladder incontinence, bowel incontinence, right acromioclavicular joint separation, and depressive disorder, have resulted in the need for special monthly compensation at the housebound rate since April 20, 2006.

The Board has dismissed the appeals for service connection for left and right lower extremity radiculopathy as they were granted in a September 2024 VA RO rating decision, leaving no remaining question of fact or law to be decided.

The Veteran's service-connected degenerative arthritis of the spine, bilateral lower extremity radiculopathy, and left knee osteoarthritis are found to be at least in equipoise with causing or aggravating his sleep apnea. As a result, the Board has granted service connection for sleep apnea.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's claimed disabilities. The Veteran is not entitled to service connection for sciatica of the left lower extremity as there is no current diagnosis. Service connection for a low back disability and sciatica of the right lower extremity are also remanded.

The Veteran's thoracolumbar strain and cervical strain with IVDS are remanded for additional examinations to address functional loss during flare-ups and repeated use.,The Veteran's radiculopathy of the right upper extremity (minor), femoral, and sciatic nerves is also remanded for appropriate peripheral nerve examinations.

The Board has granted earlier effective dates of February 3, 2017 for the award of service connection and a 20 percent rating for intervertebral disc syndrome (IVDS) of the lumbar spine with spondylosis and L5-S1 disc bulge. The effective dates for the related bilateral lower extremity radiculopathies are also granted.

The Veteran's service-connected right and left lower extremity sciatic nerve radiculopathy have been granted a 40 percent rating, but no higher, throughout the period on appeal.