Radiculopathy & sciatica decisions — 2024

The Veteran's left lower extremity radiculopathy, sciatic nerve, is rated at 20 percent and the claim for a higher rating is denied.

The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 20 percent disabling, effective August 3, 2021. The right lower extremity sciatic nerve radiculopathy remains at a 10 percent rating.

The Board has granted the Veteran's claims for an effective date of May 17, 2013, for separate disability ratings for right and left lower extremity radiculopathies. The Board also granted a disability rating of 40 percent for lumbar spine degenerative disc disease from May 17, 2013, to the present.

The Board denied increased ratings for the Veteran's back condition and left lower extremity radiculopathy in most instances but granted a 20% rating for left lower extremity radiculopathy from February 11, 2019, and a total disability rating based on individual unemployability (TDIU) from December 27, 2023.

The Veteran is granted special monthly compensation based on a statutory housebound basis due to his service-connected psychiatric disability.

The Board remands the issues of increased disability ratings for bilateral lower extremity radiculopathy, TDIU, and SMC due to outstanding treatment records.

The Board has remanded the Veteran's claims for increased ratings due to procedural errors and a need for additional evidence, including a VA examination.

The Veteran's claim for a higher rating for left lower extremity radiculopathy is granted, but the Board finds that additional evidence is needed to determine if the Veteran should be rated as having 'severe' incomplete paralysis.

The Veteran's right sciatic radiculopathy is currently rated as 10 percent prior to May 11, 2021, and 20 percent since. The Board denied an increased rating for the condition.

The Veteran's claims for a rating of 30 percent, but no higher, for ankylosis of the left knee and a rating of 20 percent, but no higher, for left lower extremity radiculopathy have been granted.

The Veteran's bilateral hand, cervical spine, and bilateral knee disabilities are granted as service-connected.,The Veteran's left lower extremity radiculopathy is also granted as secondary to his service-connected lumbar disability.

The Veteran withdrew his appeal regarding the claim for service connection for sciatica of the left leg.

The Veteran's appeals for increased ratings and a TDIU have been dismissed due to procedural errors in the claims processing.

The Veteran has withdrawn his appeals for all issues related to PTSD, chronic sinusitis, intervertebral disc syndrome and lumbar sacral degenerative disc disease, radiculopathy of the sciatic nerves in both lower extremities, and GERD. The appeal is dismissed as a result.

The Veteran's claim for a higher initial rating for radiculopathy of the right lower extremity is being remanded due to the need for a VA examination and correction of a pre-decisional duty to assist error.

The Veteran's claim for a TDIU is granted effective January 12, 2018. The effective date was determined based on the Veteran's service-connected disabilities and his inability to secure or follow substantially gainful employment due to these conditions.

The Board has remanded the case to take appropriate action to implement a May 2021 determination that the service-connected right lower extremity neurological disability should be characterized as right lower extremity sciatic nerve radiculopathy, effective from April 18, 2010. The issue of an earlier effective date for the award of service connection for right lower extremity sciatic nerve radiculopathy will then be readjudicated.

The Board denied the Veteran's claims for an effective date prior to March 24, 2010, for service connection of left and right lower extremity peripheral neuropathy with radiculopathy.,The decision found that the earliest diagnosis of peripheral neuropathy was on March 24, 2010, which is when service connection was established.

The Board denied the Veteran's claims for service connection of bilateral shoulder, elbow, and hand disabilities other than his already service-connected right and left upper extremity radiculopathy due to lack of evidence showing these conditions were incurred or aggravated by service.

The Board denied higher ratings for radiculopathy of the right and left lower extremities, finding that the evidence did not support a rating in excess of 10 percent prior to September 30, 2020, or in excess of 20 percent thereafter.