Radiculopathy & sciatica decisions — 2024

The Veteran's initial ratings for sciatic nerve left lower extremity, median nerve left upper extremity, and sciatic nerve right lower extremity diabetic neuropathy have been denied. The Veteran is granted a 20% rating for each condition.

The Board has granted an earlier effective date of July 7, 2020 for the award of service connection for left and right lower extremity radiculopathy (sciatic nerve) and femoral nerve conditions.

The Board has decided to remand the Veteran's claims for cervical spine, lumbar spine, and bilateral upper extremity radiculopathy disabilities due to a pre-decisional duty to assist error. The AOJ must schedule the Veteran for VA examinations and obtain etiology opinions.

The Veteran's claim for an effective date earlier than May 4, 2021 for the award of service connection for unspecified bipolar and related disorder was denied. The claims for increased ratings for radiculopathy of the left lower extremity from May 20, 2019 to May 20, 2021 were also denied.

The Board has dismissed all pending appeals due to the Veteran's withdrawal of his claims prior to a final decision.

The Veteran's appeals for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were dismissed as the Veteran withdrew his appeals.,The Veteran was granted service connection for a gastrointestinal disorder (achalasia with esophageal stricture status-post dilation with GERD) due to herbicide agent exposure.

The Veteran's TDIU claim was denied because the evidence did not show that his service-connected disabilities alone rendered him unemployable, despite meeting the schedular criteria for a TDIU.

The Veteran's appeal centers on his request for an earlier effective date for the additional dependency compensation he receives for his spouse, children, and stepchildren. These benefits are available to all Veterans with qualifying dependents who are in possession of at least a 30 percent combined disability rating.,The Board denied the Veteran's claims as there was no good cause presented to extend the one-year requirement to submit the additional dependency compensation claim.

The Board denied the Veteran's claim for special monthly compensation based on aid and attendance (SMC A&A) due to a lack of evidence showing that his service-connected disabilities rendered him so nearly helpless as to require regular aid and attendance from another person.

The Veteran's radiculopathy of the left lower extremity (sciatic nerve) is granted a disability rating of 20 percent.,Service connection for dermatitis is denied.

The Board has dismissed the appeals for service connection and increased ratings for various nerve conditions in the Veteran's right lower extremity due to his death.

The Board denied an earlier effective date for service connection for left C6 nerve root lesion and left C6 cervical radiculopathy, but granted an earlier effective date for right upper extremity radiculopathy.

The Veteran's left lower extremity radiculopathy is currently rated as 10 percent disabling effective November 19, 2021.,Prior to this date, the disability was not found to warrant a higher rating.

The Veteran's service-connected conditions have rendered her in need of regular aid and attendance, warranting special monthly compensation based on aid and attendance.

The Board has remanded the issues of ratings in excess of 20 percent for various diabetic and nerve conditions, as well as the issue of entitlement to a TDIU.

The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, but denied SMC at the housebound rate as he does not meet the criteria.

The Veteran's claims for increased ratings for his lumbar spine disability and left lower extremity radiculopathy are being remanded due to the need for additional examination and opinion regarding the extent of functional loss.

The Board has granted an effective date of January 22, 2020 for the award of service connection for lumbosacral strain and bilateral lower extremity radiculopathy. The Veteran's claims were previously denied in March 2017 but reopened in October 2016. The Board found that the evidence supported a finding of disability prior to January 22, 2020.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.

The Board has granted a disability rating of 20 percent for the Veteran's service-connected left lower extremity radiculopathy, finding that his symptoms more nearly approximate moderate incomplete paralysis.