Radiculopathy & sciatica decisions — 2024

The Veteran's TDIU claim is dismissed because he is already receiving a combined schedular rating of 100% for his service-connected disabilities, which means he does not have any single disability rated as totally disabling and thus does not meet the criteria for SMC at the housebound rate.

The Veteran's claims for service connection for right ear hearing loss, incontinence, and left lower extremity radiculopathy were denied. The claim for an initial compensable rating for left ear hearing loss was also denied.,The Veteran's requests for increased ratings for degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) and left lower extremity radiculopathy, as well as earlier effective dates for service connection for left ear hearing loss and left lower extremity radiculopathy, were not granted.

The Board has granted service connection for the Veteran's left ankle disability, finding that it is proximately due to his already service-connected left lower extremity radiculopathy.

The Board has granted special monthly compensation based on the need for aid and attendance due to service-connected disabilities, including PTSD, degenerative arthritis of the lumbosacral spine, asthma, bilateral radiculopathy of the sciatic nerve in lower extremities, bilateral radiculopathy of the femoral nerve in lower extremities, hypertension, pseudofolliculitis barbae, and post-operative scars of the lumbosacral spine. The Veteran's service-connected disabilities have rendered him unable to keep himself clean and presentable due to his conditions.

The Veteran's degenerative arthritis, lumbosacral strain, and spinal stenosis with intervertebral disc syndrome is currently rated at 20 percent. The Board finds the evidence does not support a higher rating.,The Veteran's right lower extremity radiculopathy of sciatic nerve as secondary to service-connected disability is currently rated at 10 percent. The Board finds the evidence does not support a higher rating.,The Veteran's left lower extremity radiculopathy of sciatic nerve as secondary to service-connected disability is currently rated at 10 percent. The Board finds the evidence does not support a higher rating.

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 Veteran's claim for a total disability rating based on individual unemployability prior to October 1, 2015 is remanded due to the failure to consider evidence of Rice TDIU and refer it to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's claim for service connection for lumbosacral strain with mild sensory left lower extremity S1 distribution is granted, and the issue of service connection for low back disability with radiculopathy is remanded.

The Veteran's right sciatic nerve radiculopathy was manifest by no more than mild incomplete paralysis prior to September 16, 2022. The Veteran's right sciatic nerve radiculopathy is manifest by no more than moderate incomplete paralysis from September 16, 2022, forward.,The Veteran's left sciatic nerve radiculopathy was manifest by no more than mild incomplete paralysis prior to September 16, 2022. The Veteran's left sciatic nerve radiculopathy is manifest by no more than moderate incomplete paralysis from September 16, 2022, forward.

The Veteran's claims for earlier effective dates and increased ratings were denied. The appeal as to entitlement to a TDIU from January 26, 2017 is dismissed as moot.

The Board has decided to remand the Veteran's claims for service connection for left and right upper extremity cervical radiculopathy, as they are secondary to his service-connected cervical strain. The decision requires an addendum opinion addressing whether the Veteran's cervical radiculopathies were caused or aggravated by his service-connected cervical strain.

The Veteran's lumbar DDD is now rated at 30 percent effective April 15, 2022. His LLE radiculopathy of the sciatic nerve is rated at 20 percent effective April 15, 2022.,Beginning May 9, 2023, the Veteran has been granted SMC based on statutory housebound criteria due to having a service-connected disability rated as total and additional separate and distinct service-connected disabilities ratable at 60 percent or more.

The Board has remanded the claims for a lumbosacral disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to duty to assist errors. The Veteran's service includes active duty from August 1995 to April 2000 and January 2001 to August 2002.

The Board has granted service connection for the Veteran's lumbar spine and right lower extremity radiculopathy conditions effective September 30, 2015.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his ankle, knee, cold injury residuals, sciatica, TBI, and bilateral eye disorders. The RO will obtain any missing records from his service period in Germany and conduct further evaluations.

The Veteran's TDIU was granted effective from October 15, 2018, based on his service-connected back disability. The Board found that the date of claim is July 29, 2014, and determined it was factually ascertainable that the Veteran met the requirements for TDIU within one year prior to this effective date.

The Board denied the Veteran's claims for TDIU prior to August 28, 2013 and from August 28, 2013 and prior to November 26, 2019. The evidence did not meet the criteria for a schedular or extraschedular TDIU.

The Veteran's claim for a higher rating for intervertebral disc syndrome with degenerative arthritis of the spine and right lower extremity radiculopathy was denied. The claim for a 30 percent rating for diverticulosis (claimed as a bowel condition) was granted, but subject to payment laws.

The Veteran's TDIU was granted effective November 6, 2020. The Board found that the criteria for an earlier effective date were not met.

The Board has determined that the Veteran's claims for service connection of various knee and ankle disabilities, as well as a left lower extremity sciatic nerve disability, require further examination to determine their etiology. The case is being remanded for this purpose.