Radiculopathy & sciatica decisions — 2024

The Board has dismissed the Veteran's claims of service connection for radiculopathy, right upper extremity; radiculopathy, left upper extremity; gastroesophageal reflux disease (GERD); and a compensable evaluation for service-connected hypertension as no valid appeal was filed with respect to the March 2021 rating decision.

The Board has dismissed all appeals seeking earlier effective dates for service connection and increased disability ratings, as the Veteran died during the appeal process.

The Veteran's right and left upper extremity radiculopathies were granted effective from March 12, 2010.,Initial ratings of 20 percent for both conditions are granted as of March 12, 2010.

The Veteran's claims for increased ratings and service connection have been granted with effective dates of July 31, 2018. The claim for a higher rating for lumbar strain is denied. Service connection has been established for cluster migraine headaches at the maximum available rating (50%). Service connection for radiculopathy in both lower extremities was granted with effective date of July 31, 2018. A TDIU has also been granted.

The Board denied the Veteran's claim for a total disability rating on the basis of individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular rating was 100 percent and he had not demonstrated that any single service-connected disability rendered him unable to secure or follow substantially gainful employment.

The Veteran's sciatica of the left leg is rated at 10 percent, and the Board found that a higher rating was not warranted based on the evidence.

The Veteran's bilateral lower extremity radiculopathy has been granted with an initial rating of 40 percent.,An earlier effective date of October 23, 2020 for service connection and increased ratings is also granted.

The Veteran's claim for a higher rating for IVDS with degenerative arthritis and spinal fusion was denied. The Veteran's claims for increased ratings for PTSD, bilateral lower extremity radiculopathy, and TDIU were granted effective February 25, 2021.,PTSD, left lower extremity radiculopathy, right lower extremity radiculopathy, and TDIU were all granted effective February 25, 2021.

The Veteran's claim for service connection for Chronic Fatigue Syndrome (CFS) was denied. The rating for radiculopathy of the left lower extremity was increased to 10 percent, but then reduced back to 0 percent effective April 3, 2018. A TDIU was granted.

Service connection for a middle back condition is denied. The Veteran's middle back condition is not service-connected as it is secondary to her lumbar strain.,The Veteran's CFS and sleep disturbance are remanded for further evaluation, including whether they are related to service or due to other service-connected conditions.,The Veteran's right knee condition is remanded for a VA medical opinion regarding its relationship to service.

The Veteran's appeal is remanded for additional development, including obtaining a VA examination to address the severity and frequency of her cervical spine flare-ups and functional impairment.

The Veteran's tinnitus, left ankle sprain, right ankle condition, and low back condition are denied as service connection is not established. The Veteran's neck condition is also denied.,The Veteran's left foot tingling (lower extremity radiculopathy) is remanded due to its inextricable link with the claimed low back condition.

The Veteran's claims for effective dates prior to August 21, 2014, for service connection were denied.,Effective date of August 21, 2014 was granted for the award of service connection.

The Veteran's back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are granted service connection. The Veteran's vertigo is remanded for further review due to insufficient evidence. Service connection for the acquired psychiatric disorder (major depressive disorder and somatic symptom disorder) is also remanded.

The Veteran's service-connected disabilities render him unable to perform daily activities of living without the assistance of another, and he meets the requirements for aid and attendance from another. As a result, his claim for SMC based on the need for aid and attendance is granted.

The Veteran withdrew their appeal regarding the service connection for left and right lower extremity radiculopathy.

The Veteran's claims for increased ratings for various peripheral neuropathy conditions associated with diabetes mellitus type II are being remanded due to the need for further examination to address his claimed loss of use and quadriplegic incomplete status.

The Board denied service connection for various conditions, including allergic rhinitis, bilateral hearing loss, tinnitus, earaches, anxiety, depression, insomnia, hip conditions, shoulder conditions, hand and knee arthritis, lumbago, plantar fasciitis, and upper extremity radiculopathy. The evidence did not support a finding of current disability or a link to service for any condition.

The Board has determined that the Veteran's bilateral upper extremity radiculopathy is related to his service-connected cervical spine disability and grants entitlement to service connection for both left and right upper extremity radiculopathy.

The Veteran's cervical spine degenerative joint disease, degenerative disc disease, and intervertebral disc syndrome as well as his right lower extremity radiculopathy are found to have begun during service and are related thereto. Service connection is granted for these conditions.