Radiculopathy & sciatica decisions — 2024

The Board denied the Veteran's claims for effective dates earlier than October 22, 2020 for the awards of service connection and separate ratings for right and left upper extremity cervical radiculopathy with impingement of C5-C6.

The Veteran is entitled to an earlier effective date of June 16, 2016 for the grant of a total disability rating based upon individual unemployability (TDIU) due to service-connected migraines and bilateral lower extremity radiculopathy.

The Veteran's claims for increased ratings were granted effective January 12, 2020.,Effective dates prior to January 12, 2020 are not warranted for the assigned disability ratings.

The Veteran's bilateral lower extremity radiculopathies have been granted increased initial ratings of 40 percent for both the right and left lower extremities, effective July 20, 2009.

The Board has remanded the claims for service connection due to insufficient evidence regarding the relationship between the Veteran's lumbar spine degenerative disc disease and his active-duty service. The issues of bilateral lower extremity radiculopathy are also being remanded as they are inextricably intertwined with the issue of lumbar spine degenerative disc disease.

The Veteran's request for higher-level review of the March 2017 decision was denied because it was untimely filed.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected left knee disability, finding that the current back disability is due to or aggravated by the left knee disability.

The Veteran's claims for increased ratings and earlier effective dates were denied. The decision does not specify the exact reasons for denial, but it is clear that the Veteran did not meet the criteria for higher ratings or earlier effective dates.

The Veteran's left knee disorder and RUE radiculopathy were not incurred or aggravated by service, and there is no evidence of continuity of symptoms in the immediate years after service. The Board denied service connection for these conditions.,The Veteran's urinary urgency was rated at 40 percent under DC 7542 due to daytime voiding intervals less than one hour and nighttime awakenings more than three times, but he did not require absorbent materials or an appliance.

The Veteran's service-connected psychiatric disorder and back condition with associated radiculopathy prevented him from obtaining or maintaining substantially gainful employment from May 26, 2021, through August 22, 2022. The Board granted TDIU for this period.

Service connection granted for cervical neck disability and bilateral upper extremity radiculopathy as secondary to the Veteran's service-connected cervical neck disability.,Respiratory condition (likely including bronchitis, URI, and pharyngitis) is remanded due to insufficient evidence of a nexus to service.,Gastrointestinal condition, to include hiatal hernia and gastroesophageal reflux disease with heartburn symptoms, is remanded for further examination.

The Board has remanded the Veteran's claims for service connection due to missing or illegible service medical records from his active duty and Reserve/Reserve Component (RC) service. The AOJ is required to verify all periods of active duty, including ACDUTRA and INACDUTRA, and obtain any missing service medical records.

The Veteran is granted a TDIU for the period prior to October 29, 2021 due to her service-connected PTSD rated at 70 percent. Additionally, she is granted SMC under 38 U.S.C. § 1114(s) based on her additional disabilities of tinnitus, cervical strain, right wrist sprain (Major), radiculopathy, right upper extremity, and migraine headaches.

The Veteran's left lower extremity radiculopathy is granted a 20 percent rating from June 9, 2016, and a 40 percent rating from October 23, 2018. The Veteran's lumbar myositis does not warrant a higher than 40 percent rating. Service connection for tinnitus is denied. From March 16, 2016, the Veteran meets the criteria for TDIU and SMC based on housebound status.

The Board has remanded the case due to a duty to assist error in obtaining an adequate VA opinion regarding the relationship between the Veteran's sleep apnea and his service-connected disabilities, particularly chronic sinusitis and orthopedic conditions.

The Board dismissed the Veteran's claims for service connection of left hip arthritic disorder, lumbar spine disorder, and sciatica as secondary to pes planus due to his death.

The Veteran's service-connected conditions, including PTSD and prostate cancer residuals, rendered him unable to secure and follow a substantially gainful occupation.

The Board has remanded the claims for service connection due to incomplete STRs and a need for VA examinations to determine the etiology of the Veteran's claimed conditions.

The Board has dismissed all claims related to the Veteran's service-connected conditions, including those for increased ratings and earlier effective dates. The appeal is dismissed due to the Veteran's death.

The Board has remanded the issues of entitlement to an earlier effective date for TDIU and Dependents' Educational Assistance due to a pre-decisional error in the March 2021 rating decision.