Radiculopathy & sciatica decisions — 2024

The Board has denied the Veteran's claims for service connection for right elbow condition, stomach problems (IBS), and UTI. The claim of service connection for sciatica is pending and requires further examination and opinion.,The Veteran's claim for service connection for stomach problems/IBS as a qualifying chronic disability due to Persian Gulf War service was dismissed because she did not have qualifying service in the Southwest Asia Theater of Operations.

The Veteran's claim for an earlier effective date for the assigned 40 percent rating for right leg radiculopathy, sciatic nerve is denied. The effective date of October 30, 2020 was determined to be correct based on the evidence of record.

The Board has denied the Veteran's request for an earlier effective date for a 70 percent rating for bilateral hearing loss. The claims of service connection for an acquired psychiatric disorder and left lower extremity radiculopathy are remanded due to insufficient evidence.

The Veteran's lumbar spine disability is rated at 60 percent since February 9, 1972. The Board has now granted a 100 percent rating for the entire period on appeal due to unfavorable ankylosis of the entire spine.

The Veteran's service-connected disabilities, including diabetes mellitus, type II and its related conditions such as erectile dysfunction, peripheral neuropathy, and thrombosis with sciatic nerve involvement, have been granted effective from February 1, 2017. The Veteran is also awarded special monthly compensation for the loss of use of a creative organ due to service-connected disabilities.

The Veteran's right lower extremity radiculopathy is rated at a 20 percent level, which is the maximum allowed under the rating criteria. The Board found that the symptoms of moderate incomplete paralysis were present and granted an increased rating.

The Board has granted the Veteran's claims for an earlier effective date of October 24, 2013 for both entitlement to a TDIU and establishment of basic eligibility to DEA benefits.

The Board has denied service connection for left and right lower extremity radiculopathy, finding that the evidence does not support a link to service or any service-connected disability.

The Veteran's appeal is remanded due to the inadequacy of the VA examination and medical opinion provided, which did not include a comprehensive assessment by a Neurologist as required.

The Board denied the Veteran's claims for service connection for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The evidence did not support a finding that these conditions were related to service.,Specifically, there was no medical evidence showing any in-service injury or disease of the back or lower extremities.

The Veteran's service-connected RLE and LLE sciatic nerve radiculopathies were evaluated at a 10 percent rating throughout the appeal period. The Board found that the evidence did not support a higher disability rating for either condition.

The Veteran's claims for service connection for bilateral lower extremity sciatica are being remanded due to the need for a VA examination.

The Veteran's service-connected disabilities were not severe enough to prevent him from securing and following substantially gainful employment prior to June 28, 2012. The Board denied an earlier effective date for the TDIU.

The Veteran's sciatic nerve radiculopathy of the right and left lower extremities was granted a rating of 40 percent effective July 24, 2018. Prior to this date, the Veteran had been rated at 10 percent.

The Veteran's right and left lower extremity lumbar radiculopathy have been granted initial ratings of 20 percent each, effective July 7, 2020.

The Veteran's degenerative arthritis of the spine with lumbosacral strain is granted as service-connected.,The Veteran's bilateral lower extremity radiculopathy, secondary to now service-connected degenerative arthritis of the spine with lumbosacral strain, is granted on a causation basis.,The Veteran's preexisting bilateral pes planus was aggravated by active duty service and is therefore service-connected.

The Veteran's claim for special monthly compensation based on aid and attendance is denied because he does not meet the criteria to be in need of regular aid and assistance. The claim for special monthly compensation based on housebound status is also denied as there are no disabilities rated at 100% disabling, nor is he permanently confined to his dwelling.

The Veteran's back disability is currently rated at 40 percent from March 31, 2021 onwards. The effective date for the award of service connection for his lower extremity radiculopathies and painful scar are September 2, 2020 and January 23, 2020 respectively.

The Veteran's appeals for increased ratings for his right knee conditions and radiculopathy in both lower extremities have been dismissed as withdrawn. A TDIU has been granted.

The Veteran's headache disability is found to be aggravated by his service-connected disabilities, and the Board grants service connection for headaches as secondary to these conditions.