Radiculopathy & sciatica decisions — 2024

The Board has determined that the VA examinations provided were inadequate and remands the case for further development, including obtaining a new VA examination to address the nature and etiology of the appellant's claimed spinal stenosis.

The Board has dismissed the issue of entitlement to an increased rating for a lumbar spine disability due to improper docketing as an AMA appeal. The earlier effective date claims for TDIU and DEA are remanded.

The Veteran's claims for effective dates prior to January 15, 2020 for the grant of increased disability ratings were denied.,The Board found that the earliest date entitlement arose was January 15, 2020, and thus the effective dates established by the April 2020 rating decision are correct.

The Veteran's radiculopathy of the lower left and right extremities have been granted earlier effective dates from January 3, 2011.,An increased rating to 50 percent for adjustment disorder with mixed anxiety and depressed mood has been granted.

The Veteran's claim for a higher rating for his service-connected low back disability was denied as the evidence did not show forward flexion of the thoracolumbar spine greater than 30 degrees or combined range of motion not greater than 120 degrees, despite experiencing pain and flare-ups.

The Board has determined that the Veteran's service-connected disabilities, including PTSD and back conditions, render him unemployable. The decision grants a total disability rating based on individual unemployability.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and duty-to-assist errors.

The Veteran's claims for increased ratings for service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities are denied as the earliest date of increase in disability is March 31, 2020.,Basic eligibility to Dependents' Educational Assistance (DEA) benefits is also denied as there was no permanent total service-connected disability prior to March 31, 2020.

The Veteran's appeal for service connection for sciatica of the left lower extremity was dismissed due to a procedural defect in submitting the proper form for review under the AMA system.

The Veteran's lumbar spine degenerative disc disease, left and right lower extremity radiculopathy have been rated at 20 percent for the entire period on appeal. The Board denied increased ratings as there is no evidence of worsening within one year prior to his current claim application.

An effective date of June 4, 2014, is granted for a 20 percent rating for left lower extremity radiculopathy.,An effective date of October 4, 2004, is granted for service connection for right lower extremity radiculopathy.

The Board has denied service connection for right and left lower extremity neurological disabilities other than radiculopathy of the femoral nerve.,Initial disability ratings in excess of 10 percent for the service-connected right and left lower extremity radiculopathy of the femoral nerve have also been denied.

The Veteran's claims for SMC based on loss of vision, TDIU, service connection for radiculopathy of the bilateral lower extremities, left arm disorder, hypertension, ED, and bilateral wrist disorders are remanded due to lack of a VA examination.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to duty-to-assist errors, and inadequate opinions regarding whether the Veteran's additional disability is caused by or aggravated by VA treatment.

The Board has determined that the Veteran's service-connected disabilities did not cause or contribute substantially to his death, which was due to advanced age and cardiac arrest. The VA medical opinions found no causal link between the service-connected conditions and obesity, hypertension, or hyperlipidemia.

The Veteran's anorexia is granted as service-connected, with the condition having its onset in service.,Service connection for right and left upper extremity radiculopathy are both granted, with each being proximately due to or the result of a service-connected cervical spine disability.

The Board has granted earlier effective dates of December 17, 2020 for the increased evaluations of left and right lower extremity sciatic radiculopathy.,Additionally, the Veteran's eligibility for Dependents' Educational Assistance (DEA) under 38 USC chapter 35 was also granted an earlier effective date of December 17, 2020.

The Board denied the Veteran's claim for service connection for a low back disability, including lumbosacral strain, intervertebral disc syndrome with bilateral lower extremity radiculopathy, and degenerative disc disease, finding that there was no evidence of an in-service injury or chronic condition related to his current disabilities.

The Veteran's service-connected disabilities do not render him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. He is not substantially confined to his house due to service-connected disabilities, nor does he have a single service-connected disability ratable at 100 percent along with other unrelated disabilities that combine to at least 60 percent.

The Veteran is granted an effective date of April 16, 2012 for the assignment of a separate compensable rating for right lower extremity radiculopathy affecting the sciatic nerve.,The Veteran's claim for a higher rating for his service-connected thoracolumbar spine disability (degenerative arthritis) is denied as there is no evidence showing that the condition warranted a rating in excess of 10 percent.