Radiculopathy & sciatica decisions — 2024

The Veteran's claim for special monthly compensation (SMC) based on loss of use of both feet is denied because he does not have anatomical loss or effective function remaining in his bilateral lower extremities.

The Board has granted service connection for right lower extremity radiculopathy with an effective date of August 3, 2012. The Veteran's claim for a higher rating for the condition was denied as his disability did not meet the criteria for a rating in excess of 20 percent.

The Veteran's appeal for an earlier effective date for service connection was dismissed due to concurrent election of review options.

The Veteran's claim for an earlier effective date for TDIU and a higher rating for his back disability is denied. The Board found that the Veteran maintained substantially gainful employment until he stopped working in March 2020, which supports the current effective date of June 19, 2020.

The Veteran's low back disability is now rated at 40 percent effective January 29, 2019. The left lower extremity sciatic radulopathy remains rated at 10 percent.

The Board denied service connection for type II diabetes mellitus, LLE radiculopathy, RLE radiculopathy, cervical spine arthritis, and right hip arthritis. The Veteran's claims were based on his assertions of exposure to herbicides in Korea and equipment handling in Vietnam, but the evidence did not support these claims.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim of service connection for a right knee disorder. The claims of service connection for fibromyalgia, sciatica, lower back disability, left hip disorder, and right hip disorder are also remanded.

The Board has remanded the Veteran's claims for service connection for back condition, left lower extremity radiculopathy, and right lower extremity radiculopathy due to incomplete records and inadequate examination.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional VA treatment records.

The Veteran's left lower extremity radiculopathy was rated at 10 percent prior to September 3, 2020. The Board found the symptoms did not meet or exceed the criteria for a higher rating.

The Veteran's appeal for lumbar radiculopathy, claimed as bilateral neuropathy of the lower limbs, has been dismissed. The appeals for left and right arm conditions are remanded.

The Board has granted effective dates of February 21, 2020 for the service connection of various conditions including left quad tendon tear, major depressive disorder, intervertebral disc syndrome with spinal stenosis, thoracolumbar spine, radiculopathy of the right lower extremity, tinnitus, surgical scar, degenerative arthritis of the cervical spine status post C5-C7 ACDF with residual IVDS, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and residual neck scar. The effective dates are based on the Veteran's timely filed claims within one year of his intent to file.

The Board dismissed the appellant's appeals for increased disability ratings and service connection due to his withdrawal of these claims prior to the decision being finalized.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed due to his withdrawal of the appeal. The claims are being remanded for further review.

The Board has dismissed the appeals for increased ratings in excess of 40 percent for IVDS with osteoarthritis of the lumbar spine and in excess of 10 percent for left leg radiculopathy, sciatic nerve.

The Veteran's lumbar spine condition is rated at 20 percent effective May 25, 2021. The appeal for an earlier effective date for RLE radiculopathy of the sciatic nerve was denied.

The Veteran's chronic headaches, cervical spine disability (neck), left upper extremity radiculopathy and paresthesia, left knee disability, and right knee disability are all found to have onset during service. The Board has granted service connection for these conditions.

The Board has dismissed the appeals for service connection of various shoulder and cervical spine conditions as they have been granted within a prior rating decision.

The Veteran's pinguecula and thoracolumbar spine disability are granted service connection, while his migraine, right knee disability, cervical spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are granted. The Veteran's bilateral plantar fasciitis is denied.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, as his conditions allow for some mobility and he is able to perform many daily activities with assistance.