Radiculopathy & sciatica decisions — 2024

The Veteran's claim for an earlier effective date and increased rating for left lower extremity radiculopathy was denied. The Board found no basis to grant an earlier effective date, as there were no communications indicating intent to apply for service connection or a higher rating prior to January 14, 2013.

The Board has granted an effective date of May 13, 2020 for the grant of a 20 percent disability rating for RLE PVD. The appellant's DPN was found to have progressed to include the femoral nerves in both lower extremities as of August 15, 2020.,The Board denied entitlement to an effective date prior to August 15, 2020 for service connection of bilateral lower extremity DPN, femoral nerve and sciatic nerve. The appellant's DPN was found not to have progressed to include the femoral nerves in both lower extremities until August 15, 2020.

The Veteran's service-connected back disability requires regular aid and assistance of another person, qualifying him for special monthly compensation based on the need for aid and attendance. The issue of housebound status is moot due to the award of SMC based on aid and attendance.

The Veteran's radiculopathy of the right and left lower extremities have been granted effective from September 26, 2018. The rating for lumbar spine degenerative disc disease remains denied.

The Veteran's lumbar spine disability and sciatica of the right and left lower extremities are rated at 40 percent each, effective as of September 5, 2024. A TDIU is also granted.

The Veteran's sciatica of the lower extremities is currently rated at 10 percent, and the Board has ordered a remand to reassess the severity of his condition.

The Veteran's claims for service connection for bilateral hearing loss, left shoulder disorder, radiculopathy of the left arm, left foot disorder, right foot disorder, sleep apnea, and right hip disorder are being remanded due to duty-to-assist errors.,Specifically, a VA examination is needed for each of these conditions.

The Veteran's claims for increased ratings and earlier effective dates have been denied. The Board found that the evidence did not support a higher rating for hearing loss or tinnitus, and the effective dates were granted based on continuous pursuit of claims since May 2021.

The Veteran's appeal for an increased disability rating higher than 10% for tinnitus was denied as the maximum schedular rating is already assigned.,The Veteran's appeal for an increased disability rating higher than 20% for prostate cancer residuals prior to May 7, 2024 was denied. A 40% rating from that date forward was granted.,The Veteran's appeals for increased disability ratings for DM II with erectile dysfunction and postoperative cataracts, as well as right lower extremity diabetic peripheral neuropathy affecting the sciatic and femoral nerves were not addressed in this decision.,The appeal for left lower extremity diabetic peripheral neuropathy disabilities was remanded.

The appeal as to entitlement to service connection for an anxiety disorder is dismissed. The Veteran's right shoulder disability and related conditions are granted, but the rating for the right shoulder disability remains remanded.

The Board has granted service connection for radiculopathy in the bilateral lower extremities as secondary to thoracolumbar spine disability. The issue of service connection for radiculopathy in the bilateral upper extremities is remanded due to inadequate examination.

The Veteran's service-connected disabilities do not meet the criteria for an allowance for automobile or other conveyance and adaptive equipment, as they do not result in physical loss of use of hands or feet, permanent impairment of vision, severe burn injury, or ALS.

The Board has determined that there were pre-decisional duty to assist errors and the claims are remanded for further development.

The Veteran's appeals for increased ratings for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed due to procedural defects in the initial rating decision process.

The Veteran's right ear hearing loss is currently rated as noncompensable, and the Board finds that a higher rating is not warranted.,The Veteran does not have a current left ear hearing disability for VA compensation purposes. Therefore, service connection for left ear hearing loss must be denied.

The Veteran's right lower extremity radiculopathy was granted a 20% disability rating, effective since April 11, 2016. The other issues were denied.

The Veteran withdrew his appeals regarding various conditions, including major depressive disorder, right lower extremity radiculopathy, cervicogenic headaches, left hip degenerative arthritis, right hip degenerative arthritis, left shoulder DJD, right shoulder osteoarthritis, and hypertension.

The Board has denied service connection for a back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to the lack of evidence showing an in-service injury or disease that is related to these conditions.

The Veteran's service-connected disabilities do not render him so helpless as to need regular aid and attendance for the period of time on appeal.

The Veteran's appeal is remanded for a VA psychiatric examination to determine the severity of his service-connected PTSD. The TDIU and Dependents' Education Assistance claims are also being remanded.