Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected conditions did not result in the need for regular aid and attendance or permanent bedridden status at any time during the appeal period.

The Veteran's service-connected disabilities, including PTSD, total hip arthroplasty, OSA, lumbar DDD with L4-S1 bulge, radiculopathy of the right lower extremity, and avascular necrosis of the right hip, have rendered him unable to secure or follow a substantially gainful occupation.

From October 21, 2019, until November 11, 2020, the Veteran's left lower extremity radiculopathy was granted a 20 percent rating.,From November 11, 2020, until December 6, 2022, the Veteran's request for an increased rating in excess of 20 percent was denied.

The Veteran's appeals for an effective date prior to December 27, 2022 and for a higher initial evaluation for obstructive sleep apnea have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has decided to remand the Veteran's claims for higher disability ratings for bulging disc at L4-L5, L5-S1; right lower extremity radiculopathy of the sciatic nerve; and right lower extremity radiculopathy of the femoral nerve due to a pre-decisional duty to assist error.

The Board has remanded the Veteran's claims for service connection due to inadequacies in the VA examinations and lack of consideration of certain evidence. The issues include lumbar spine, cervical spine, left leg, right leg, RLE radiculopathy, and bilateral foot disorders.

The Veteran's claims for service connection for GERD, a low back condition, and related radiculopathy have been denied. The claim for an increased rating for the low back condition has also been denied.

The Veteran's claims for bilateral hearing loss, tinnitus, back disability, left lower extremity radiculopathy (radiculopathy), left hip disability, bilateral knee disability, and bilateral foot disability have all been denied as there is no evidence of in-service incurrence or aggravation.

The Veteran's service-connected disabilities, including PTSD and lumbosacral strain, render her unable to secure and follow a substantially gainful occupation from April 27, 2021. The Board granted the TDIU based on the cumulative effects of these conditions.

The Board has remanded the claims for service connection due to insufficient evidence and duty-to-assist errors. The Veteran's prostate cancer, back disability, and nerve disabilities are all at issue.

The Veteran's PTSD is granted an initial 70 percent disability rating, and his lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are denied increased ratings.

The Veteran was granted a TDIU effective October 23, 2012, due to his service-connected migraines and other disabilities preventing him from securing or maintaining substantially gainful employment.,Basic eligibility for DEA benefits was also granted effective October 23, 2012, based on the Veteran's service-connected disabilities.

The Board has determined that the Veteran's application for specially adapted housing or a special home adaptation grant should be remanded due to a regulatory error in determining his eligibility based on permanent and total service-connected disability.

The Board has remanded the claims for service connection and rating of radiculopathy of the lower extremities due to inadequate VA examinations, and for a disability rating in excess of 10 percent for degenerative arthritis of the spine with DDD, prolapsed L5/S1 and compression of the S1 nerve root.

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's chronic left hip strain (flexion) is not service-connected and thus does not meet the criteria for a higher rating.,The Veteran's left hip strain (extension) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,The Veteran's left hip strain (impairment of thigh) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,PTSD was granted service connection effective September 20, 2017 and does not meet the criteria for a higher rating.

The Veteran was awarded a TDIU due solely to PTSD from June 26, 2019. The Board found that the Veteran's PTSD rendered him unable to secure or follow substantially gainful employment.,From March 6, 2023, the Veteran also received SMC at the housebound rate based on his service-connected disabilities.

The Veteran's left lower extremity radiculopathy, sciatic nerve condition was found to be less severe than the criteria for a higher rating from February 10, 2020, to June 21, 2021, and moderate from June 21, 2021. The Veteran's disability is rated at 10 percent from February 10, 2020, to June 21, 2021, and 20 percent thereafter.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) from December 21, 2017 to July 20, 2020 was dismissed because he is already in receipt of a 100% combined schedular disability rating and none of his service-connected disabilities alone would warrant a TDIU.

The Veteran's right and left lower extremity peripheral neuropathy involving the sciatic nerve have been granted a 40 percent rating, effective March 23, 2016.

The Board granted readjudication of the claims for service connection for a low back disability, right lower extremity neurological disorder, and left lower extremity neurological disorder based on new and relevant evidence.