Radiculopathy & sciatica decisions — 2024

The Board has granted service connection for tinnitus, left lower extremity sciatic radiculopathy, and right lower extremity sciatic radiculopathy. The decision is based on the Veteran's current diagnoses and a finding that his conditions are secondary to service-connected disabilities.

The Veteran's service-connected disabilities, including bilateral upper and lower extremity peripheral neuropathy, have rendered him unable to secure or follow a substantially gainful occupation since March 19, 2021.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

The Board has granted the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, which include bilateral knee conditions. The decision is subject to controlling regulations governing the payment of monetary awards.

The Veteran's lumbar spine disability alone rendered him unable to sustain substantially gainful employment from August 10, 2018 and he also had additional service-connected disabilities independently ratable at 60 percent or more. The Board granted special monthly compensation based on aid and attendance/housebound effective August 10, 2018.

The Veteran's claims for service connection and increased ratings have been denied. The effective date of the grants has not been established as they are based on the most recent supplemental claim received.

The Veteran's sciatic radiculopathy and femoral radiculopathy were granted effective October 16, 2018.,Increased initial evaluations of 20 percent for both conditions are also granted.

The Veteran's appeals for increased ratings for low back disability and left lower extremity radiculopathy have been dismissed as the issues were already adjudicated by the Board in previous decisions.

The Veteran withdrew his appeal before a decision was made, so the Board dismissed the case.

The Veteran's LLE radiculopathy, rated at 10 percent since February 23, 2021, is found to be properly assigned as it does not meet the criteria for a higher rating.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Veteran's appeal for increased ratings for her bilateral lower extremities has been denied. The VA Regional Office remanded the claim for a total disability rating based on individual unemployability (TDIU).

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's neck disorder, specifically related to his military service. The Veteran is requested to undergo a VA examination to determine if his current neck disorders are at least as likely as not caused by or related to his military service.

The Veteran's service-connected disabilities do not meet the requirements for a higher rate of special monthly compensation (SMC) than that provided under 38 U.S.C. § 1114(l).

The Board has granted service connection for plantar fasciitis, diabetes mellitus type 2, hypertension, right knee osteoarthritis, left knee osteoarthritis, and radiculopathy of the lower extremities. Service connection was denied for lumbar spine disorder and bowel and bladder disorders.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The Board finds that the evidence does not meet the criteria for a rating higher than 40 percent due to lack of unfavorable ankylosis.,The VA examination report regarding bilateral lower extremity radiculopathy was inadequate and must be remanded to obtain a new evaluation.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy, IVDS with degenerative arthritis of the spine and spinal stenosis, varicose veins of the right lower extremity, and tinnitus have been denied.,Service connection for a right knee disability has also been denied.

The Veteran's service-connected conditions, including a back disability, left ankle disabilities, right ankle disabilities, chronic headaches, bilateral lower extremity radiculopathy, and IBS are all granted. A 70 percent rating is assigned for PTSD.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD.