Radiculopathy & sciatica decisions — 2024

The Veteran's claim for a compensable rating for external cutaneous nerve radiculopathy of the left thigh was denied, and his claim for service connection for erectile dysfunction (ED) was also denied.

The Board denied the Veteran's request for an effective date prior to February 24, 2021, for the grants of service connection for right and left sciatic radiculopathy. The Board found that there was no objective evidence of radiculopathy prior to March 2021.

The Board has determined that the Veteran does not have current diagnoses for a left foot condition, sinus condition, or right lower radiculopathy. Therefore, service connection is denied.

The Veteran's degenerative changes of the lumbar spine at L3-L5 and S1 are now rated at 40 percent, effective March 19, 2021. The Veteran's left lower extremity radiculopathy is now rated at 40 percent, effective March 19, 2021.,The Veteran's right lower extremity radiculopathy is now rated at 40 percent, effective March 19, 2021. Service connection for hypertension, diabetes mellitus, CAD, PTSD, sleep apnea, and headaches are all granted.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he is not permanently confined to his dwelling and immediate premises due to service-connected disabilities.

The Veteran's radiculopathy of the sciatic nerve of the right lower extremity is granted a 40 percent disability rating, and his tinnitus is denied any increase in rating.

The Veteran's claim for a higher rating for left lower extremity (LLE) neuropathy of the sciatic nerve was denied. Prior to July 5, 2019, the Veteran was not entitled to a rating in excess of 10 percent. From July 5, 2019, he was not entitled to a rating in excess of 20 percent.

The Board has determined that the reduction from 30 percent to 10 percent for BPPV was improper and has restored the original 30 percent rating.

The Veteran's service-connected cervical spine and radiculopathy disabilities render him incapable of performing the activities of daily living such that he requires care or assistance on a regular basis, leading to the grant of special monthly compensation based on aid and attendance.

The Veteran's claim for an increased rating for PTSD was denied.,The Board found that the evidence did not show total occupational and social impairment, thus a higher rating in excess of 70 percent is not warranted.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, leading to a grant of TDIU.

The Veteran's claims for increased ratings for migraines, degenerative disc disease and degenerative joint disease of the lumbosacral spine, spondylolisthesis, and radiculopathy of the right lower extremity are being remanded due to incomplete treatment records from his VA medical center in Honolulu.

The Veteran's claims for service connection for left and right shoulder degenerative changes, cervical spondylosis with radiculopathy of the upper extremities, and gunshot wound residuals were denied. The claim for radiculopathy of the right upper extremity was granted with an earlier effective date of October 17, 2017.,The Veteran's service connection claims for cervical spondylosis, degenerative disc disease; left upper extremity radiculopathy; and gunshot wound residuals were denied. The claim for residual scar posterior trunk was also denied.

The Veteran withdrew his claims for increased ratings of lumbar spine degenerative arthritis and left lower extremity sciatic radiculopathy, resulting in the dismissal of these appeals.

The Board has decided that the Veteran's tinnitus is service-connected. The issues of service connection for bilateral lower extremity radiculopathy, right knee strain, and left knee strain are remanded due to inadequate VA examinations.

The Veteran's claims for lumbar spine disability, right lumbar radiculopathy, right ankle disability, and bilateral plantar fasciitis were granted effective May 4, 2012. The claim for left lumbar radiculopathy was also granted effective May 4, 2012.

The Board is remanding the issues of whether the reduction in rating from 40 percent to 20 percent for diabetic peripheral neuropathy, sciatic nerve, right lower extremity and left lower extremity was proper. The issues are also being remanded due to their inextricability with the issue of entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's initial higher ratings for degenerative joint disease of the lumbar spine and earlier effective date for service connection for right lower extremity radiculopathy are granted. The TDIU is granted from December 4, 2008 to June 9, 2021.

The Board denied service connection for various conditions, including bilateral plantar fasciitis, GERD, adjustment disorder, hypertension, insomnia, left and right lower extremity radiculopathy, allergic rhinitis, sinusitis, chronic asthma, and headaches. The Veteran's claims were not supported by competent medical evidence or continuity of symptomatology.

The Board has determined that remand is necessary to obtain adequate VA medical opinions regarding the Veteran's claims for service connection due to duty to assist errors.