Radiculopathy & sciatica decisions — 2024

The Board has remanded the Veteran's claims for cervical spine disability, left shoulder disability, right upper extremity radiculopathy, and allergic rhinitis due to service connection as secondary to a service-connected right shoulder disability. The VA will provide new medical opinions on these issues.

The Board has dismissed the appeals for service connection of various spinal and peripheral neuropathy conditions as the Veteran withdrew his appeal in September 2020.

The Veteran's claims for eligibility for specially adapted housing and a special home adaptation grant are being remanded due to the retroactive award of service connection for recurrent lumbar spine disability and right lower extremity sciatic nerve radiculopathy.

The Board has restored the Veteran's ratings for degenerative arthritis, lumbar spine with IVDS and radiculopathy with right calf muscle atrophy, right lower extremity to 40 percent effective November 1, 2019. The individual unemployability entitlement was also restored.

The Board has determined that the VA did not obtain a medical opinion to determine if the Veteran's service-connected disabilities contributed to his death. The case is being remanded for this purpose.

The Board has dismissed the appeal for an initial increased rating for back disability due to withdrawal. The right sciatica and TDIU claims are remanded.

The Board granted service connection for obstructive sleep apnea and headaches, but dismissed the appeals related to other conditions.

The Board has remanded several issues related to the appellant's service-connected disabilities, including ratings for lumbar spine disability and right lower extremity radiculopathy, as well as effective dates for certain conditions. The AOJ is instructed to obtain additional medical opinions and records to address deficiencies in prior examinations.

The Board granted entitlement to a total disability rating based on unemployability due to service-connected disabilities for the period beginning May 25, 2021.

The Board granted a 20% rating for radiculopathy of the right sciatic nerve prior to April 6, 2022, and a 40% rating beginning April 6, 2022. It also granted a TDIU effective January 4, 2024.

The Board has reopened the previously denied service connection claims for bilateral eye disorder, bilateral foot disorder, and BLE disorder. These issues are now remanded for further development.

The Board denied service connection for bilateral upper extremity radiculopathy as secondary to the thoracolumbar spine disability and denied a rating in excess of 40 percent for the thoracolumbar spine disability.

The Veteran's service-connected disabilities have rendered her unable to secure or follow substantially gainful employment, and she meets the requirements for special monthly compensation at the housebound rate. The TDIU is granted based on the combined 100 percent rating of all service-connected conditions.

The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance of another person, finding that his service-connected disabilities do not render him in need of such assistance.

The Veteran's past-due benefits from a March 2024 rating decision were not awarded attorney fees as the appellant withdrew his appeal and the former attorney waived entitlement to fees.

The Veteran's appeal for a higher rating for diabetic peripheral neuropathy involving the sciatic nerve, right lower extremities has been dismissed due to the appellant's withdrawal of the appeal.

The Board has determined that the Veteran's radiculopathy of the left and right upper extremities is related to her service-connected thoracolumbar spine strain and degenerative arthritis, but not due to or caused by any toxic exposure risk activity (TERA). The case is being remanded for further examination and opinion.

The Veteran's lumbosacral strain with degenerative disc disease and spinal stenosis is currently rated at 10 percent, which is the maximum rating available under VA regulations. The Veteran's right lower extremity radiculopathy is also rated at 10 percent.,Service connection for plantar fasciitis of the left foot as secondary to lumbosacral strain with degenerative disc disease and spinal stenosis is remanded.

The Board has denied an evaluation in excess of 10 percent for a painful scar of the lower lumbar spine, as there is only one such scar and it does not meet the criteria for a higher rating.

The Board has remanded the claims for scoliosis, left sciatic radiculopathy, and right sciatic radiculopathy due to a lack of an examination at the time of the February 2022 rating decision.