Radiculopathy & sciatica decisions — 2024

The Veteran's right upper extremity radiculopathy was service-connected on June 9, 2020, and the effective date is set to that day.

The Veteran's right upper extremity and bilateral lower extremity peripheral neuropathy have been granted initial disability ratings of 50 percent, each. The left upper extremity peripheral neuropathy has also been granted an initial disability rating of 40 percent. A total disability rating based on individual unemployability due to service-connected disabilities has been granted.

The Veteran's service-connected disabilities from July 6, 2021 have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities cause him to need the regular aid and assistance of another person, qualifying for SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of housebound status is moot as a result.

The Veteran's service-connected back and leg disabilities, along with his psychiatric condition, make it impossible for him to secure or follow a substantially gainful occupation.

The Veteran's claims for earlier effective dates for service connection of degenerative arthritis of the lumbar spine, intervertebral disc syndrome, SI joint dysfunction, sciatic radiculopathy, right lower extremity, and femoral radiculopathy, right lower extremity were denied as they predate the date entitlement arose.,The Veteran's claim for earlier effective dates for service connection of right knee degenerative arthritis limitation of extension was denied as it predated the date entitlement arose.

The Board has granted service connection for lumbosacral strain and right lower extremity radiculopathy with an effective date of December 30, 2020.

The Veteran's claims for left and right lower extremity radiculopathy, as well as neurogenic bladder condition, were denied. The Veteran was granted a rating in excess of 70 percent for her PTSD.

The Veteran's appeal for higher ratings on several conditions, including lumbosacral strain with intervertebral disc syndrome and right lower extremity radiculopathy, has been remanded. The issues of scar rating have been withdrawn.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a rating in excess of 20 percent for chronic thoracolumbar strain and IVDS, 30 percent for bilateral hearing loss, or any higher ratings for radiculopathy.

The Veteran's claims for effective dates earlier than May 6, 2021 for service connection were denied as there was no pending formal or informal claim left unadjudicated by VA.

The Veteran's bilateral lower extremity radiculopathy is rated at 40 percent for the entire period on appeal.,The Veteran's service-connected sleep apnea has been granted.

The Veteran's service-connected disabilities, including his mood disorder, bilateral lower extremity radiculopathy, and lower back disability, have prevented him from securing and maintaining substantially gainful employment since at least September 2018. The Board has granted a TDIU prior to October 14, 2020.

The Veteran's LLE radiculopathy is currently rated at 20 percent, and no higher.,The Veteran's RLE radiculopathy is denied an initial rating in excess of 20 percent.

The Veteran's claim for a higher rating for right lower extremity radiculopathy was denied, with the Board finding that his symptoms did not warrant a rating in excess of 20 percent.,The Veteran's claim for an earlier effective date for special monthly compensation at the level of 38 U.S.C. § 1114(r)(2) was also denied.

The Veteran's service-connected disabilities, including PTSD, CAD, diabetes, and related neuropathies, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) effective from October 26, 2020.

The Veteran's LLE femoral radiculopathy is granted at a 20 percent rating. The ratings for the back disability and LLE sciatic radiculopathy are remanded.

The Veteran's combined disability rating was restored to 100 percent due to CUE in the December 2019 rating decision, which incorrectly reduced his overall disability rating.

The Veteran's appeal for increased ratings and service connection was granted. He now has a 50% disability rating for migraine headaches, bilateral pes planus, lumbar spine disability, right hip limitation of flexion, left hip limitation of flexion, right hip limitation of extension, left hip limitation of adduction, sinusitis, major right shoulder disability, minor left shoulder disability, and radiculopathy of the right lower extremity (secondary to lumbar spine disability).

Effective June 29, 2021, the Veteran's diabetes mellitus, type II and hypothyroidism have been granted as secondary to Agent Orange exposure.,Effective June 29, 2021, the Veteran's diabetic neuropathy of various extremities and diabetic nephropathy are also granted as secondary to his diabetes mellitus, type II.