Radiculopathy & sciatica decisions — 2024

The Veteran withdrew the appeal for earlier effective dates and increased initial ratings for his newly service-connected lower back strain with degenerative arthritis, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's left upper extremity radiculopathy was found to be at no higher than a noncompensable level of severity, thus denying an increased rating.

The Veteran's appeal is remanded for additional examinations and opinions to determine the nature and etiology of his sleep apnea, foot pain, and left lower extremity sciatic radiculopathy.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including obtaining VA and private medical records, employment information, and a PTSD examination. The cases are being remanded for these purposes.

The Veteran's claim for a higher evaluation for his left lower extremity radiculopathy is remanded due to the need for additional evidence and an updated examination.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Veteran's service-connected disabilities have resulted in the effective loss or permanent loss of use of at least one lower extremity, specifically his right foot due to radiculopathy. The Board has determined that this meets the criteria for eligibility for financial assistance for an automobile and adaptive equipment.

The Board has granted effective dates of April 19, 2017 for the service connection of various radiculopathy conditions in the Veteran's upper and lower extremities. The Veteran is already receiving a 100% schedular disability rating and SMC at the housebound rate.

The Board has granted service connection for lumbosacral strain with intervertebral disc syndrome and right leg sciatica as secondary to the Veteran's service-connected low back disability.

The Veteran's knee and back braces caused wear or tear to his clothing, leading the Board to grant annual clothing allowances for calendar year 2024.

The Board denied the Veteran's request for an earlier effective date for SMC based on aid and attendance, finding that prior to November 5, 2018, he did not require regular aid and attendance due to his service-connected disabilities.

The Veteran's claim for a 40 percent disability rating for degenerative disc disease of the lumbar spine is granted, effective June 5, 2013. The effective date for service connection for left and right lower extremity sciatic neuritis secondary to diabetes mellitus is also set at June 5, 2013.

The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance from December 26, 2001. The decision finds that his service-connected disabilities rendered him in need of regular aid and attendance since December 26, 2001.

The Veteran's TDIU claim is granted with an effective date of October 30, 2020, based on his service-connected thoracolumbar spine disability and right lower extremity radiculopathy.

The Board denied a TDIU based on a single service-connected disability, finding that the Veteran's combined service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran is granted a total disability rating based upon individual unemployability (TDIU) for the entire period on appeal, excluding a temporary total rating period from January 30, 2024, to February 29, 2024.

The Board has denied the Veteran's claims for service connection for insomnia, neck disability, plantar fasciitis, right ankle disability, sciatica of the right lower extremity, and sciatica of the left lower extremity as there is no evidence of current disabilities related to service.

The Veteran's appeal is remanded due to the AOJ failing to secure certain VA treatment records. The records are needed for a complete evaluation of his claim.

The Board has granted service connection for a lower back disability and bilateral sciatica, finding that the Veteran's current conditions are related to his military service.