Radiculopathy & sciatica decisions — 2024

The Veteran's right and left hip osteoarthritis have been granted service connection as secondary to his already service-connected lumbar spine disability and pes planus.,Service connection for headaches has been remanded due to the need for further development.

The appeal is dismissed as the Veteran's May 2023 VA Form 10182 was not timely filed and no good cause for extension has been presented.

The Veteran's claims for service connection are remanded due to a duty-to-assist error. The AOJ needs to confirm dates of active duty training (ADT) and inactive duty training (IDT) service, obtain financial records from DFAS, and any outstanding service treatment records related to ADT and/or IDT service subsequent to his April 1991 demobilization examination.

The Board has granted the Veteran's appeal, restoring a separate and compensable disability rating of 10 percent for left sciatic radiculopathy.

The Veteran's service-connected disabilities, including bilateral hearing loss, low back condition, radiculopathy of the left leg, PTSD, and prostate cancer, have prevented him from securing and maintaining substantially gainful employment. The Board has granted a TDIU effective August 19, 2021.

The appeal has been dismissed due to the Veteran's death. The claims for service connection and compensable ratings are not before the Board.

The Veteran's lower back traumatic arthritis is rated at 40 percent, and the knee disabilities are remanded for further evaluation.

The Veteran's claims for service connection are being remanded due to a failure to obtain an updated line of duty determination considering the evidence submitted by the Veteran.

The Veteran's service-connected low back condition and left leg radiculopathy prevented him from working as a police officer, gas station attendant, and greeter during the period from September 2, 2008 to May 8, 2012. The Board has remanded for further consideration of TDIU and DEA benefits.

The Board has granted earlier effective dates of December 19, 2016 for service connection of radiculopathy of the left and right lower extremities.

The Board has remanded the claims of chronic sinusitis/rhinitis, neck disability (claimed as neck pain), and left lower extremity radiculopathy due to pre-decisional errors in obtaining adequate medical opinions.

The Veteran's application for VR&E benefits was denied because he did not meet the criteria for an employment handicap, despite having a combined rating of 100 percent due to his service-connected disabilities. The Board found that the Veteran had overcome any impairments caused by his disabilities and was employed in a suitable position.

The Board has remanded the case to refer it to the Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis due to the Veteran's service-connected disabilities prior to October 26, 2020.

The Veteran's service-connected disabilities, including bilateral hearing loss, lumbar spondylosis with degenerative disc disease, tinnitus, and radiculopathy, prevented him from securing or following substantially gainful employment. The Board has granted an effective date of March 20, 2019 for the TDIU.

The Board has determined that new and relevant evidence has been received regarding the Veteran's claims for service connection for cervical spine, thoracolumbar spine spondylosis and stenosis post laminectomy syndrome (low back), right lower extremity lumbar radiculopathy, and left lower extremity lumbar radiculopathy. As a result, these claims are being remanded to allow for further review.

The Veteran's back disability, diagnosed as degenerative arthritis and transverse process fusion L5-S1 with degenerative large herniated disk at L5-S1, was aggravated by the service-connected right hallux valgus postoperative.,The Veteran's left and right lower extremity radiculopathy were due to his service-connected degenerative arthritis and transverse process fusion L5-S1 with degenerative large herniated disk at L5-S1.

The Veteran's claims for service connection and earlier effective dates have been granted, with the awards of lumbosacral strain, radiculopathy of the left lower extremity, allergic rhinitis, tinnitus, nephrolithiasis, and major depressive disorder being effective September 15, 2017. The claim for an earlier effective date for service connection for major depressive disorder was denied.

The Board has remanded the claims for service connection due to duty-to-assist errors and requests additional opinions on whether the Veteran's lumbar spine disability is secondary to his service-connected bilateral knee disability, and if so, whether it was a substantial factor in causing his current obstructive sleep apnea.

The Veteran's service-connected disabilities have rendered him unemployable since June 1, 2020. The Board has granted TDIU and assigned June 1, 2020 as the effective date. The Veteran is also entitled to DEA benefits from June 1, 2020.

The Veteran's initial rating for vitiligo is granted at a 10 percent level. The Board finds the evidence more nearly approximates a 10 percent disability rating for lumbosacral strain, left ankle collateral ligament sprain, right ankle collateral ligament sprain, and lower extremity radiculopathy of the sciatic nerve due to static symptoms beginning February 2, 2018. The Veteran's sinusitis is remanded for further evaluation.