Radiculopathy & sciatica decisions — 2024

The Board has remanded the Veteran's claims for a higher rating for her low back disability and related sciatic radiculopathy due to insufficient reasoning in the May 2015 and May 2023 VA Back Conditions DBQs, including lack of consideration of flare-ups and functional loss.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since October 1, 2015. The Board has granted a TDIU effective June 14, 2018.

The Veteran's claims for increased ratings for various service-connected conditions have been denied. The Board found that the evidence did not support a higher rating for any of the conditions.

The Veteran's urinary frequency/incontinence and left lower extremity radiculopathy have been granted service connection as secondary to his sleep apnea, with a disability rating of 20 percent for the latter condition.

The Board has dismissed all claims due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of these cases.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his disabilities are not sufficient to prevent him from securing and following substantially gainful employment.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and entitlement to DIC under 38 USC § 1318, finding that there was no evidence linking the Veteran's death to his military service or any service-connected disabilities.

The Board denied eligibility for the direct payment of fees to the appellant from past due benefits awarded in a June 2022 rating decision granting service connection for degenerative disc disease of the cervical spine and bilateral upper extremity radiculopathy.

The Veteran's bilateral upper extremity radiculopathy is rated at 40 percent for the right arm and 30 percent for the left arm, effective June 23, 2021. The reduction in the cervical strain rating from 30 to 20 percent was improper, and a 30 percent rating has been restored.

Service connection granted for a headache disorder and right lower extremity radiculopathy. Service connection denied for left lower extremity radiculopathy, cervical spine disorder, right shoulder disorder, left shoulder disorder, right upper extremity carpal tunnel syndrome, left upper extremity carpal tunnel syndrome, right hip disorder, left hip disorder, right knee disorder, and bilateral shin splints.

The Veteran's claims for increased ratings and effective dates for service connection, TDIU, and DEA benefits have been denied. The Board found that the medical evidence did not support higher ratings for radiculopathy of the lower extremities, and that an earlier effective date was not warranted due to lack of entitlement prior to June 26, 2012.

The Board has granted the Veteran's claim for service connection for left lower extremity radiculopathy, finding that it is secondary to his service-connected lumbosacral spine degenerative disc disease.

The Veteran's radiculopathy of the left lower extremity was granted an increased rating to 40 percent, and his service connection claim for dementia was denied. Other claims were remanded.

The Veteran's claim for a higher rating for sinusitis was denied as the evidence did not show three or more incapacitating episodes per year of sinusitis requiring prolonged antibiotic treatment, or more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.,Service connection for left upper extremity radiculopathy was denied as there is no current diagnosis of the condition. The Veteran did not have a diagnosis of bilateral upper extremity radiculopathy at any time during or recent to his filing of the claim.

The Veteran's left lower radiculopathy, sciatic nerve with plantar nerve paralysis, and left foot condition have been granted a 20 percent disability rating.

The Veteran's initial ratings for radiculopathy of the right and left upper extremities have been granted at 40% and 30%, respectively, effective September 30, 2020.

The Veteran withdrew his appeal seeking an initial rating in excess of 10 percent for service-connected bilateral glaucoma and service connection for other conditions. The appeal is dismissed.

The Veteran's service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment as of February 18, 2019.

The Board remands the claims for service connection for lumbosacral strain and radiculopathy in the bilateral lower extremities to ensure a complete record is available.