Radiculopathy & sciatica decisions — 2024

The Veteran's claims for an increased rating for cervical strain and service connection for cervical spondylotic myelopathy status post facetectomy and fusion are remanded due to duty-to-assist errors.

Effective dates of April 8, 2003, for service connection were granted for degenerative arthritis, intervertebral disc syndrome, and spinal stenosis of the thoracolumbar spine; radiculopathy of the sciatic nerve of the left lower extremity; radiculopathy of the sciatic nerve of the right lower extremity; radiculopathy of the femoral nerve of the left lower extremity; radiculopathy of the femoral nerve of the right lower extremity. Effective date of May 17, 2012, for service connection was granted for a traumatic brain injury with posttraumatic headaches. An effective date prior to February 8, 2016, for urinary incontinence was denied.,An earlier effective date of April 8, 2003, is granted for the awards of service connection for disabilities of the thoracolumbar spine and radiculopathy of the bilateral lower extremities. An effective date of May 17, 2012, is granted for the award of service connection for posttraumatic headaches due to traumatic brain injury. No earlier effective date is granted for urinary incontinence.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Veteran's appeals for increased ratings and a separate rating for his service-connected conditions have been dismissed due to procedural issues.,The Veteran's appeal for an earlier effective date for Dependents' Educational Assistance (DEA) benefits has also been dismissed.

The Board has remanded the Veteran's claims for service connection for a lower back condition and a left leg condition due to insufficient development of his National Guard service records, including ACDUTRA and INACDUTRA. The Veteran is also required to undergo VA examinations to determine the nature and etiology of these conditions.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy render him so helpless as to need regular aid and attendance, warranting special monthly compensation (SMC) based on the need for regular aid and attendance.

The Veteran's appeals for increased ratings for left knee tendonitis and right knee tendonitis have been dismissed.,The Veteran's appeal for a TDIU has been granted, but the appeal for increased ratings for his right upper extremity radiculopathy and right shoulder disability is being remanded.

The Veteran's hypertension is not service-connected and does not warrant a compensable rating.,His right and left lower extremity radiculopathies are not secondary to his low back disability, as he is not currently service-connected for the condition.,His anxiety disorder is also not secondary to his low back disability or associated radiculopathy.,The Veteran's low back disability (claimed as stenosis) and PTSD claims are being remanded due to duty-to-assist errors.

The Veteran's service-connected disabilities, including bilateral pes planus, degenerative joint disease, herniated nucleus pulposus, unspecified depressive disorder, cervical radiculopathies, and metatarsophalangeal joint fusion, render him unable to secure or maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for an earlier effective date prior to December 23, 2019, for the grant of service connection for radiculopathy, right lower extremity sciatic nerve is denied as there is no evidence of a confirmed diagnosis prior to that date.

The Board denied service connection for a low back disability, chronic sinusitis, left knee osteoarthritis, right knee osteoarthritis, and radiculopathy. The Veteran's current diagnoses of arthritis of the back and chronic sinusitis are not related to his military service.,Service connection was denied for left knee osteoarthritis and right knee osteoarthritis due to lack of evidence linking these conditions to service.

The Veteran was previously granted a TDIU based on his service-connected disabilities, but the Board is now remanding the case to clarify whether he was enrolled in school full-time and obtain his complete VA vocational rehabilitation records.

The Board has granted service connection for left lower extremity neurological disability, degenerative arthritis, degenerative disc disease, and intervertebral disc syndrome of the lumbosacral spine, and left lower extremity radiculopathy secondary to these conditions. The decision is based on evidence showing current diagnoses and a causal relationship.

The Board has determined that the claims for service connection for right hand/arm carpal tunnel syndrome and a left arm disability, other than arthritis, need to be remanded due to duty-to-assist errors.

The Board denied the Veteran's claim for service connection for a lower back disorder, finding no evidence that it is related to service or his service-connected left sciatic nerve involvement associated with post-herpetic pain syndrome.

Effective dates of December 8, 2011 are granted for service connection for diabetes, diabetic peripheral neuropathy in multiple extremities, erectile dysfunction, and renal failure. Effective date of February 19, 2013 is granted for service connection for coronary artery disease (CAD).

The Veteran's appeal for increased disability ratings for radiculopathy of the left lower extremity was denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 20 percent prior to August 27, 2021 and in excess of 10 percent thereafter.

The Board has reopened the Veteran's claim for service connection for anemia due to submission of new and relevant evidence. The remaining issues are remanded for further review.

The Veteran's claims for lumbosacral strain, bilateral lower extremity radiculopathy, right knee strain, and right knee scars were granted effective June 13, 2018.

The Veteran's service-connected conditions, including anxiety disorder, lumbosacral strain, cervical spine, and chronic obstructive pulmonary disease, have rendered him in need of regular aid and attendance. The Board has granted SMC based on this need.