Radiculopathy & sciatica decisions — 2024

The Veteran's right radiculopathy is granted as secondary to his service-connected lumbosacral strain. The initial PTSD rating remains denied, and the cases for lumbosacral strain, GERD, type II diabetes mellitus, and thyroid disability are remanded.

The Board remands the case for further development as there has not been substantial compliance with its prior directives.

The Board granted a 30 percent rating for the left shoulder disability and separate 10 percent ratings for left and right lower extremity radiculopathy prior to May 2, 2024. The claims for increased ratings for the ankle and lumbar strain were denied.

The Board granted an effective date of May 25, 2010, for the grant of service connection for left lower extremity radiculopathy.

The Veteran's right lower extremity sciatic neuropathy is granted a disability rating of 40 percent, while the diabetes mellitus remains at 20 percent.

The Board remands the Veteran's claims for an evaluation in excess of 30 percent for tension headaches and service connection for cervical spine, right shoulder, left shoulder, and left arm radiculopathy disorders due to a failure to substantially comply with previous remand instructions.

The Board has reopened the claims for service connection for various disabilities, but has remanded them for further development and examination to determine their etiology.

The Veteran's RLE and LLE radiculopathy have been granted a 20 percent rating, effective January 7, 2023.,Service connection for RLE and LLE sciatic nerve radiculopathy has also been granted with an effective date of January 7, 2023.

The Veteran's claim for a higher rating for lumbar spine strain with degenerative disc disease and IVDS is granted, with a disability rating of 40 percent effective from December 5, 2017. The appeal for an earlier effective date for service connection for right lower extremity radiculopathy, sciatic nerve, is denied.

The reduction of the Veteran's rating for left lower extremity radiculopathy from 10 percent to noncompensable effective May 20, 2022, was found to be improper and the previously assigned 10 percent disability evaluation is restored.

The Veteran's appeal was dismissed because the Notice of Disagreement (NOD) was not properly filed with the Board within one year from the date of the issuance of the rating decision. The Veteran and his representative did not provide sufficient good cause for the untimely filing.

The Veteran's radiculopathy of the right and left lower extremities are granted a disability rating of 20 percent each, effective October 7, 2021. The claims for alcohol use disorder and PTSD are remanded due to inadequate medical opinions. The TDIU claim is also remanded.

The Board has denied service connection for bilateral hearing loss, right index finger disability residual to injury, low back disability (lumbar radiculopathy), left hip disability, right hip disability, and left knee and right knee disabilities due to a lack of evidence linking these conditions to service.

The appeal regarding the timeliness of the January 2020 VA Form 9 is dismissed. The claims for increased evaluations are remanded.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he was not unable to obtain or maintain substantially gainful employment solely because of these conditions.

The Veteran's service-connected disabilities, including his right knee replacement and lumbosacral strain with spinal fusions and intervertebral disc syndrome (IVDS), have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's son A. was recognized as a helpless child for VA purposes, and the effective date of February 5, 2013, is granted for additional dependency benefits based on this recognition.

The Veteran's claim for a 70% rating for PTSD is denied as the effective date cannot be earlier than December 5, 2020.,The criteria for an earlier effective date for service connection of irritable bowel syndrome are not met due to lack of evidence prior to April 2, 2021.,TDIU was granted on October 29, 2007, based on the Veteran's claim for service connection of irritable bowel syndrome.

The Veteran's left lower extremity radiculopathy affecting the sciatic nerve is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's right ankle disability is denied as there is no evidence of a chronic condition in service or within one year after discharge, and the current condition is not related to any incident during service.,Service connection for left lower extremity radiculopathy from November 6, 2020 is granted as it is due to his service-connected back disability.