Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected cervical spine disability and right upper extremity radiculopathy did not prevent him from obtaining or maintaining substantially gainful employment prior to July 21, 2015.

The Board has granted an effective date of July 29, 2011 for the grant of service connection for right and left lower extremity radiculopathy as secondary to a back disability.

The Veteran's lumbar spine disability is rated at 20 percent from December 29, 2020 to August 1, 2022. The Board has remanded the issue of an initial compensable evaluation for bilateral lower extremity radiculopathy. Effective dates have been granted for service connection for bilateral lower extremity radiculopathy and sleep apnea (OSA), but not for tinnitus.

The Board has granted an effective date of October 1, 2011 for service connection of the Veteran's lower extremity diabetic neuropathy of the femoral and sciatic nerves. The decision resolves doubt in favor of the Veteran based on his contentions that symptoms began during active service.

The Board denied the appellant's request for attorney fees based on past-due benefits awarded in the January 2023 rating decision, as this decision was an initial decision with respect to a new claim for increased ratings submitted by the Veteran.

The Veteran's claims for service connection for diabetes mellitus type I and its associated diabetic neuropathy conditions are being remanded due to inadequate medical opinions. The VA will need to provide a new examination to address the etiology of the Veteran's diabetes mellitus type I and whether it is related to his service-connected hypertension.

The Veteran's appeal is denied as he does not meet the criteria for a special home adaptation grant due to his service-connected disabilities, which do not include anatomical loss or use of both hands or burn injuries.

The Veteran's left and right lower extremity radiculopathy of the sciatic nerve, as well as his left lower extremity radiculopathy of the femoral nerve, are currently rated at 10 percent each. The Board finds that a higher rating is not warranted for any of these conditions.

The Veteran's service-connected radiculopathy of the bilateral upper extremities is currently rated at 20 percent, and radiculopathy of the left lower extremity is rated at 10 percent. The appeals for higher ratings are denied.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment consistent with his educational and vocational background.

The Board denied the Veteran's request for an earlier effective date for DEA benefits, finding that basic eligibility to DEA was established from May 29, 2018 when the combined disability rating became permanent.

The Veteran's radiculopathy of the left lower extremity is granted an earlier effective date of July 30, 2017.,The Veteran's radiculopathy of the right lower extremity does not meet the criteria for an earlier effective date prior to June 4, 2018.,For the period prior to March 26, 2024, a rating in excess of 40 percent is granted for thoracolumbar spine disability.

The Board has remanded the Veteran's claims for higher evaluations for DDD of the lumbar spine, RLE and LLE radiculopathy. The case requires additional development to address functional loss due to pain and medication effects.

The Veteran's claims for earlier effective dates for service connection are denied as the evidence does not show a formal or informal claim filed before October 27, 2021.

The Veteran's claims for service connection for FSAD, IBS, and GERD are remanded due to inadequate VA examinations and opinions.,The Veteran's claim for service connection for left lower extremity radiculopathy is remanded due to inadequate VA examination and opinion.,The Veteran's claim for service connection for right upper extremity radiculopathy is remanded due to inadequate VA examination and opinion.,The Veteran's claim for service connection for left upper extremity radiculopathy is remanded due to insufficient competent medical evidence on file for the VA to make a decision.,No summary provided for right upper extremity radiculopathy as it was not addressed in the original decision.

The Veteran's service-connected disabilities in the aggregate render him unable to obtain and retain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has granted eligibility to attorney fees based on the past-due benefits awarded in a January 18, 2023, rating decision for service connection of left and right lower extremity radiculopathy.

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The Board has revised the effective date of service connection for lumbar disc disease and right lower extremity radiculopathy from November 18, 2016 to July 15, 2016.

The Veteran's claim for service connection for radiculopathy of the left and right lower extremities has been denied.,The Veteran's claim for service connection for sciatic neuropathy of the left lower extremity is being remanded for further review.