Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his employment as a courthouse bailiff, which is inconsistent with needing regular aid and attendance.

The Veteran's claims for an effective date prior to April 22, 2021, for a 20 percent rating for segmental dysfunction of thoracolumbar region and service connection for radiculopathy of the bilateral lower extremities have been denied as there is no evidence showing symptoms that meet or approximate the criteria for a 20 percent rating prior to April 22, 2021.

The Board has granted service connection for a thoracolumbar disability characterized by back pain. The right lower extremity disability, to include radiculopathy, is remanded due to the need for additional medical examination and opinion.

The Veteran's radiculopathy of the right lower extremity is granted an effective date of January 13, 2021 for a 40 percent evaluation. The left lower extremity radiculopathy continues to be rated at 20 percent.

The Veteran's service-connected ischemic heart disease was granted an effective date of September 30, 2020.,Effective September 30, 2020, the Veteran is now in receipt of a 100% evaluation for his service-connected ischemic heart disease.

The Board has granted earlier effective dates of January 7, 2021 for the service-connected conditions of degenerative disc disease with spinal stenosis and bilateral lower extremity radiculopathy.

The Veteran's cervical spine and related bilateral upper extremity disabilities were granted service connection effective May 6, 2020. The Board found the evidence established that the conditions predated this date.

The Board has determined that the Veteran's claims for service connection for left and right lower extremity disabilities, including radiculopathy and peripheral neuropathy, require additional examination to address duty-to-assist errors.

The Board denied the Veteran's claims for an effective date earlier than June 25, 2021, for the award of service connection for right and left lower extremity radiculopathy of the femoral nerve. The evidence did not show a diagnosis prior to June 25, 2021.

The Board has found duty to assist errors in the claims for service connection of psychiatric disability, lumbar spine disability, right lower extremity sciatica, and left lower extremity sciatica. The claims are remanded for further development.

The Veteran's service-connected COPD, lumbar degenerative disc disease, and bilateral lower extremity radiculopathy have resulted in the need for regular aid and attendance of another person. The Board has granted entitlement to SMC based on the need for aid and attendance effective December 19, 2017.

The Veteran's service-connected right and left lower extremity sciatic nerve radiculopathy have been granted a 40% evaluation, effective October 15, 2020.

The Board has granted an earlier effective date of February 16, 2017 for service connection of left lower extremity radiculopathy. The right lower extremity radiculopathy claim is denied as there is no evidence of the disability prior to July 3, 2021.

The Veteran's disability ratings for peripheral neuropathy of the left and right lower extremities were reduced from 20 to 10 percent. The Board found that the reduction was not factually supported due to inadequate medical evidence, and restored the original 20 percent rating.

The Board has dismissed the Veteran's appeals regarding increased ratings for various conditions, including diabetes mellitus, peripheral neuropathy, and coronary artery disease. The appeal was withdrawn by the appellant's authorized representative prior to a decision being made.

The Board denied earlier effective dates for the award of service connection for right lower extremity and left lower extremity radiculopathy, finding that there was no evidence of a disability prior to September 15, 1999.

The Veteran's service-connected disabilities, including other specified depressive disorder, right and left lower extremity lumbar radiculopathy, lumbosacral strain, right hip strain, and tinnitus, prevent him from obtaining and maintaining substantial gainful employment. The Board has granted an earlier effective date of June 20, 2019 for the award of a total disability rating due to individual unemployability (TDIU).

The Board has remanded the case for further development, including obtaining VA examination and employment records to determine if separate ratings are warranted for neuritis and neuralgia of the Veteran's bilateral upper and lower extremities. The TDIU issue is also being remanded.

The Board has granted an effective date of January 24, 2018 for the service connection of radiculopathy in both lower extremities and eligibility for Dependents' Educational Assistance (DEA). The Veteran's disabilities were present prior to this date.

The Veteran's appeal for service connection for left lower extremity radiculopathy was dismissed. His claims for increased ratings for low back disability and sciatic radiculopathy of the right lower extremity were also denied.