Radiculopathy & sciatica decisions — 2024

The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.

The Board has remanded the claims for service connection due to a lack of a VA examination regarding the relationship between the lumbar spine disability and the service-connected cervical spine disability.

The Board has granted service connection for bilateral lower extremity radiculopathy of the sciatic nerve as secondary to the Veteran's service-connected lumbar disc disorder.

The Board has remanded the Veteran's claims for a rating higher than 10 percent for right and left lower extremity sciatic nerve radiculopathy, as well as for a rating higher than 40 percent for lumbar IVDS with degenerative disc disease. The reasons are that the Veteran failed to appear at the VA examination without providing good cause.

The Veteran's PTSD, left and right lower extremity diabetic neuropathy (sciatic nerve) are granted with ratings of 50% for the period on appeal.

The Veteran's radiculopathy and lumbosacral degenerative disc disease are currently rated at 20 percent, but the Board finds that a higher rating is warranted for both conditions. The case is being remanded to correct any errors in the AOJ decision.

The Veteran withdrew all his appeals regarding the service connection for various radiculopathy conditions and degenerative arthritis of the thoracolumbar spine.

The Veteran's claim for a total disability rating based on individual unemployability is granted with an effective date of July 11, 2019.

The Veteran's right knee disability is granted a separate 10 percent rating for instability from December 31, 2008 to February 6, 2021 and a 20 percent rating thereafter.,Effective May 1, 2011, the Veteran is granted service connection for a painful scar of the right knee following his right knee surgery in 2011.,Effective May 1, 2011, the Veteran is also granted service connection for right lower extremity neuropathy involving the sciatic nerve and anterior crural and internal saphenous nerves following his right knee surgery in 2011.,The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disability secondary to a right knee disability.

The Board denied service connection for left upper extremity radiculopathy as there is no current disability to connect to service.

The Board has determined that additional evidence is needed to assess the current severity of the Veteran's cervical strain with IVDS and bilateral upper radiculopathies, as her symptoms have worsened since the last examination. The claims are therefore being remanded for further evaluation.

The Veteran's left lower extremity radiculopathy of the sciatic nerve was granted a rating of 40 percent, while his right lower extremity radiculopathy of the sciatic nerve was also granted a rating of 40 percent. The other issues were either denied or remanded.

The Veteran's lumbosacral strain with DDD is granted a disability rating of 40 percent, effective July 8, 2016.,Service connection for left and right sciatic nerve radiculopathy is denied prior to September 28, 2017.,Service connection for depressive disorder is granted from May 10, 2016.

The Veteran's service-connected lumbar spine disability necessitates his need for regular aid and assistance of another individual to assist in bathing, preparing meals, tending to hygiene needs, and managing medication. The Board has granted special monthly compensation based on the need for aid and attendance due to this condition.

The Veteran's hypertension is granted for the period prior to March 4, 2021. The reduction in rating from 20 percent to zero percent for right knee instability was improper and restored. Higher ratings are granted for bilateral lower extremity radiculopathy (sciatic and femoral nerves). An effective date of February 17, 2018, is granted for the grant of service connection for right ankle disability.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Veteran's service connection claims for various conditions are being remanded due to incomplete STRs and inadequate VA examination.

The Veteran's claims for earlier effective dates for the assignment of a 40 percent disability rating for service-connected DJD of the lumbosacral spine at L5-S1, and awards of service connection for patellofemoral syndrome of the left and right knees based on limitation of flexion are denied.,The Veteran's claims for earlier effective dates for the award of service connection for left lower extremity radiculopathy and right lower extremity radiculopathy are denied.,The Veteran's claim for an earlier effective date for the grant of basic eligibility to Dependents' Educational Assistance (DEA) benefits is denied.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, while his hyperlipidemia and bilateral upper extremity radiculopathy are not service-connected.

An effective date of January 7, 2021, is granted for the assignment of a 70 percent rating for PTSD.,Effective dates earlier than June 3, 2021, are denied for all other disabilities on appeal.