Radiculopathy & sciatica decisions — 2024

The Veteran's death was caused by his service-connected obstructive sleep apnea, which the Board found to be a principal cause of death. Therefore, DIC benefits are granted for the cause of death. The appeal for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Board has remanded the claims for a lower back condition, right leg radiculopathy, and left leg radiculopathy due to service connection errors. The Veteran's private medical records indicate he sought treatment for his lower back pain in 2012.

The Veteran's initial disability ratings for spinal stenosis, right and left sciatic nerve radiculopathy were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claim for TDIU is remanded due to the need for additional development of his medical records, particularly those from Community Care providers and non-VA providers received by the VA but not associated with the claims file.

The Veteran's left lower extremity radiculopathy is granted a 40 percent rating, but no higher. The right lower extremity radiculopathy remains at a 10 percent rating.

The Veteran's claims for increased ratings for left and right lower extremity peripheral neuropathy affecting the sciatic nerve, as well as his diabetes mellitus with erectile dysfunction, were denied. The Veteran is not entitled to higher ratings for these conditions.,The Veteran's claim for special monthly compensation on account of loss of use of a creative organ was also denied.

The Veteran's claims for service connection for bilateral lower extremity radiculopathy and a neurogenic bladder secondary to his service-connected bilateral hip disabilities are being remanded due to the need for medical opinions on aggravation.

The Board has granted an effective date of June 9, 2014 for the service connection of radiculopathy of the left lower extremity. The decision is based on the Veteran's initial claim filed on that date.

The Veteran's claims for effective dates prior to October 4, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.,The Veteran's claims for effective dates prior to December 1, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.

The Veteran's right upper extremity radiculopathy is rated at 70 percent from October 22, 2014, to August 31, 2020.,The Veteran's left upper extremity radiculopathy is rated at 60 percent from October 22, 2014, to August 31, 2020.,The Veteran's multi-level cervical spine degenerative joint and disc disease with IVDS (neck disability) is rated at 20 percent from October 22, 2014, to August 31, 2020.

The Board dismissed the appeal for an increased rating in excess of 50 percent for sleep apnea due to untimeliness. The Veteran's appeals for service connection for bilateral hearing loss, asthma, sinusitis, gastroesophageal reflux disease (GERD), hypertension, headaches, bilateral plantar fasciitis, sciatica, right knee disability, left knee disability, and an acquired psychiatric disability were denied.

The Veteran's disability ratings for service-connected status post lumbar spine fusion and sciatic nerve, left lower extremity, were improperly reduced. The 40% rating for the former and the 10% rating for the latter are restored.

The Veteran's appeal for a rating in excess of 10 percent for right lower extremity sciatic peripheral neuropathy prior to October 27, 2022 has been dismissed.,Effective dates have been granted for service connection of left and right lower extremity femoral radiculopathy from February 28, 2017.

The Veteran's claim for a rating in excess of 10 percent for right lower extremity radiculopathy was denied. Effective dates were granted for TDIU and DEA, but not earlier than August 19, 2003.

The Veteran's GERD is granted with a 30 percent rating, and his bilateral lower extremity radiculopathy are each granted with a 20 percent rating.

The Board denied service connection for a lumbar spine disability, including intervertebral disc syndrome and status post spine fusion, as the evidence did not support a finding that the condition was incurred or aggravated by active service.

The Veteran's disability ratings for left and right lower extremity radiculopathies were restored to 40 percent, effective March 22, 2021. The claim for service connection of bilateral knee conditions was readjudicated due to new evidence received.

The Veteran withdrew his appeal of the claim for service connection for right lumbar radiculopathy.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is currently rated at 20% for radiculopathy of the left and right lower extremities, but no higher.

The Veteran's TDIU claim is granted with an effective date of January 3, 2018. His Dependents' Educational Assistance eligibility is also granted from the same date.