Radiculopathy & sciatica decisions — 2024

The Veteran's left lower extremity radiculopathy, sciatic nerve was granted an initial rating of 40 percent, but no higher. The disability is characterized as moderately severe incomplete paralysis.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment from November 14, 2011 to March 19, 2020.

The Veteran's service-connected disabilities did not render him sufficiently helpless as to need regular aid and attendance, nor did they require him to remain in bed. Therefore, the claim for special monthly compensation (SMC) based on the need for aid and attendance or at the housebound rate is denied.

The Veteran's service-connected disabilities are found to have contributed to his death, and the claim for service connection for cause of death is granted. The Appellant's claim for DIC benefits under 38 U.S.C. § 1318 is denied as she was not in receipt of a total disability rating for at least 10 years immediately preceding her husband's death.

The Board has determined that the severance of service connection for left and right upper extremity radiculopathy was improper, as there is not clear and unmistakable evidence that the criteria for evaluating cervical spine intervertebral disc syndrome based on incapacitating episodes contemplates associated neurological manifestations. As a result, the Veteran's separate 20% disability ratings for bilateral upper extremity radiculopathy are restored.

The Veteran's claims for service connection for various conditions, including left foot pain, left hip strain, left wrist pain, right ankle pain, right foot pain, right hip strain, right wrist pain, and vitamin D deficiency have all been denied. The Board found no evidence of current disabilities or in-service events that would support these claims.

The Board has determined that the September 2020 VA examination and opinion are inadequate, as they do not provide a clear etiological link between the Veteran's cervical spine disability and bilateral upper extremity radiculopathy. The claims for service connection are remanded to obtain an adequate medical opinion addressing these issues.

The Board has granted service connection for degenerative joint disease lumbar spine and left lower extremity radiculopathy, finding that the Veteran's current conditions are at least as likely as not related to his military service.

The Veteran's claim for an earlier effective date for cervical strain is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the right upper extremity is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the left upper extremity is dismissed.,The Veteran's claim for an earlier effective date for migraine and migraine variants is dismissed.,The Veteran's claim for an earlier effective date for MDD is dismissed.

The Veteran's RLE and LLE sciatic nerve radiculopathy are currently rated at 10 percent, but the Board has denied higher ratings.

The Board has decided to remand two issues: the initial rating for degenerative arthritis of the spine and service connection for a left lower extremity neurological disability. The AOJ needs to correct errors in obtaining an adequate VA examination, associating VA treatment records with the file, and ensuring that the SOC is viewable.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The appeal seeking agent fees based on past-due benefits awarded in a February 2021 rating decision is dismissed because the matter was not ripe for appeal.

The Veteran's service-connected disabilities result in a loss of use of both lower extremities, qualifying her for specially adapted housing.

The Board has remanded the Veteran's claim for service connection for a back condition, as there is insufficient evidence to determine if his current lower back condition was caused or aggravated by his service-connected right knee disability. The case will be returned for further examination and opinion.

The Veteran's lumbar spine and cervical spine disabilities, as well as their associated radiculopathy conditions, have been granted initial ratings of 40 percent each. The GERD and IBS condition has also received an initial rating of 30 percent.

The Veteran's major depressive disorder is rated at 50 percent, but the Board found that her symptoms did not meet the criteria for a higher rating.,Her lumbar spine degenerative disc disease with degenerative joint disease and levoscoliosis is currently rated at 10 percent. The Board determined that her symptoms do not warrant a higher rating.,Left lower extremity radiculopathy is rated at 20 percent, while right lower extremity radiculopathy is also rated at 20 percent.,Left knee osteoarthritis and right knee osteoarthritis are both currently rated at 10 percent.

The Veteran's appeal for a finding of permanent and total disability rating has been dismissed as the claim was fully resolved in his favor with the issuance of a May 2021 rating decision.

The Board has dismissed the appeal for service connection of a right knee condition and denied the claim for service connection of a right leg condition.

The rating reduction for left lower extremity radiculopathy from 20 percent to 10 percent, effective September 26, 2020, was not proper; the 20 percent rating is restored.