Radiculopathy & sciatica decisions — 2024

The Veteran's lumbosacral strain is related to injuries sustained during service.,The left ankle sprain is secondary to the right ankle condition.,Radiculopathy in both lower extremities (sciatica) is also secondary to the lumbar spine condition.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, as he is capable of functioning in a sedentary work environment.

The Board has remanded the Veteran's claims for right and left lower extremity radiculopathy as they are not adequately addressed by the March 2022 VA peripheral nerve examination.

The Board denied the Veteran's claim for service connection for left lower extremity radiculopathy, finding that it is not related to a service-connected disability and is not otherwise related to an in-service injury or disease.

The Veteran's TDIU and femoral nerve radiculopathy ratings have been denied as the earliest date that it is factually ascertainable that he developed these conditions was May 19, 2021.

The Board has decided to remand the Veteran's claims for bilateral lower extremity radiculopathy due to a duty to assist error. The case will be reviewed again with an updated examination.

The Veteran's service connection claims for bilateral pes planus, bilateral plantar fasciitis, a low back condition, and right and left knee conditions have been granted.

The Veteran's service-connected disabilities did not prevent her from securing and maintaining substantially gainful employment during the period of appeal.

Your appeal seeking service connection for various conditions has been dismissed due to the duplicate filing of your appeal.

The Board has found that the Veteran does not have a current diagnosis of Chronic Fatigue Syndrome and her fatigue is attributed to her service-connected hypothyroidism disability. The lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and bilateral plantar fasciitis are all remanded for further review.

The Veteran's claims for radiculopathy, right and left lower extremities, secondary to service-connected low back disability, were previously granted in a March 2023 rating decision. The Board has dismissed the appeal as there are no remaining case or controversy issues.

The Veteran's service connection claim for tinnitus is granted, and the claims regarding higher evaluations for bilateral lower extremity radiculopathy are remanded.

The Veteran's TDIU claim is granted with an effective date of February 4, 2021, based on his service-connected disabilities. His combined disability rating at that time was 70 percent.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of new and material evidence within one year of final decisions, and because the Veteran did not have exposure to herbicide agents under the PACT Act.

The Board found that the Veteran does not have diagnosed right upper extremity radiculopathy and denied his claim for a rating in excess of 10 percent for GERD. The appeal is denied.

The Veteran's left hip arthroplasty, cervical disc bulge C5-6 with degenerative joint disease, LUE radiculopathy, herniated nucleus pulposus, and LLE radiculopathy sciatic nerve have been granted effective as of February 24, 2021.

The Veteran's claims for effective dates prior to November 14, 2007 for hypertension service connection and a separate noncompensable rating for low back scar are granted. The claim for an initial compensable rating for hypertension is denied. The claim for a higher rating for low back disability is remanded. The claim for a compensable rating for left lower extremity neuropathy affecting the internal saphenous nerve is denied.

The Veteran's accrued benefits claim was granted, and the appellant is now entitled to nonservice-connected burial benefits due to his death.

The Veteran's claims for increased ratings and effective date determinations have been denied. The Board found that the current evidence did not support higher disability ratings or earlier effective dates.

The Veteran's hearing loss and tinnitus disabilities limit his employment, while the back disability has been considered in his SSA benefits. The Board finds a reasonable possibility that he is unemployable due to service-connected disabilities but did not refer the TDIU claim for extraschedular consideration.