Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since June 3, 2019.,TDIU is granted from June 3, 2019. The appeal for TDIU from October 9, 2018 to June 3, 2019 is remanded.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the causes of the Veteran's cervical strain, right upper extremity condition, right hip condition, and right lower extremity sciatic radulopathy. The VA is instructed to obtain new medical opinions addressing whether these conditions were caused or aggravated by the Veteran's military service.

The Board has restored the Veteran's ratings for his service-connected thoracolumbar spine disability and bilateral lower extremity radiculopathy from 20 percent to 20 percent, effective June 1, 2022.

The Veteran's initial ratings for right lower extremity sciatic nerve radiculopathy, right lower extremity femoral nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and left lower extremity femoral nerve radiculopathy have been denied as the evidence does not support a change in evaluation.

The Veteran's right lower extremity radiculopathy has been granted a 20 percent rating, effective from May 18, 2020.

The Veteran's total disability rating due to service-connected disabilities was granted prior to May 19, 2021. From May 19, 2021, the issue of TDIU is moot as his combined disability rating reached 100%.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to toxic substances during service and the relationship between his current disabilities and such exposures.

The Veteran's claims for service connection and increased ratings have been denied. The Veteran does not meet the criteria for these conditions based on the evidence of record.

The Board has dismissed all pending claims and appeals as the Veteran withdrew her appeal, stating she was already rated at 100 percent.

The Veteran's hypertension was not rated as compensable, as his diastolic pressure did not predominantly reach 100 or more.,SMC based on the need for regular aid and attendance is granted with an effective date of November 1, 2011.

The Veteran's tinnitus is granted service connection, and his bilateral hearing loss, left lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (sciatic nerve), and IVDS are denied initial evaluations in excess of the current ratings.

The Board has remanded the Veteran's claims for cervical spine disability, radiculopathy of the upper extremities, and headaches due to duty-to-assist errors. The claims will be returned for correction.

The Board denied the Veteran's claims for earlier effective dates for the grant of service connection for bilateral lower extremity radiculopathy, finding that the earliest date entitlement arose was August 25, 2021.

The Veteran's TMJ, back disability, right lower radiculopathy, and left lower radiculopathy claims have been denied as the evidence does not support a higher rating than currently assigned.

The Board has determined that the Veteran's claimed conditions, including right and left lower extremity radiculopathy, bladder disability, and GERD, are not service-connected as they did not manifest during or within one year after service discharge.

The Board has granted service connection for lumbar spine degenerative joint disease, left lower extremity radiculopathy, right lower extremity radiculopathy, cervical spine degenerative joint disease, and an acquired psychiatric disorder (panic disorder and depressive disorder).

The Veteran's appeals for increased disability ratings and service connection were dismissed due to the filing of a Decision Review Request (NOD) in July 2021, which was not addressed by the AOJ decision in March 2021.

The Veteran's radiculopathy of the left upper extremity, right upper extremity, and sciatic nerve in the right lower extremity were granted service connection effective January 12, 2019.

The Veteran's claim for a higher rating and earlier effective date for sciatic nerve radiculopathy of the left lower extremity is granted, with a 20 percent rating effective June 16, 2020.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as he was employed full-time prior to June 8, 2020. The Board finds that TDIU is not warranted based on the single service-connected disability of his back condition.