Radiculopathy & sciatica decisions — 2025

The Board denied the Veteran's claim for direct payment of attorney fees based on past due benefits awarded in a May 2024 rating decision.

The Board granted earlier effective dates for service connection of left and right lower extremity sciatic radiculopathy, a 100 percent disability rating for major depressive disorder with anxious distress, and a total disability rating based on individual unemployability (TDIU) from January 9, 2019. It also granted an effective date of June 4, 2020, but no earlier, for the assignment of special monthly compensation (SMC) under 38 U.S.C. § 1114(s) and award of Dependents' Educational Assistance (DEA) benefits.

The Board granted service connection for left and right upper extremity radiculopathy as secondary to cervical spine degenerative joint disease, but remanded the claims for increased ratings for various disabilities.

The Board remands the claims for service connection for an acquired psychiatric disorder, lower back condition, left ear hearing loss, and bilateral tinnitus to correct pre-decisional duty to assist errors.

The Board granted an increased rating of 40 percent for the Veteran's radiculopathy of the left lower extremity and denied a rating in excess of 20 percent for the right lower extremity.

The Board denied the claims for earlier effective dates and a compensable rating, as there was no evidence of an informal or formal claim prior to September 27, 2022.

The Veteran was granted a total disability rating due to individual unemployability from December 2, 2019 to June 15, 2021 on an extraschedular basis.

The Board denied service connection for bilateral hearing loss and denied ratings in excess of 10 percent for tinnitus, right knee arthralgia, and lumbosacral strain. The Board granted a 30 percent rating for migraine headaches and a 10 percent rating for right knee instability.

The Board granted earlier effective dates for increased evaluations of the Veteran's tension headaches, cervical strain, thoracolumbar strain, and radiculopathies based on factually ascertainable worsening within one year prior to the claims.

The Board granted service connection for a neurological disability of the right upper extremity, left upper extremity, and a right knee disability, to include arthritis.

The Board granted an initial rating of 20 percent for left and right lower extremity radiculopathy but denied earlier effective dates and higher ratings for the same conditions, as well as for loss of automatic movements due to Parkinson's disease.

The Board granted a disability rating of 40 percent for lumbosacral strain status post discectomy with degenerative disc disease and separate ratings of 20 percent each for left lower extremity radiculopathy of the sciatic and femoral nerves.

The Board granted initial ratings of 30 percent for trigeminal neuralgia and 40 percent for both left and right lower extremity radiculopathy, but denied an increased rating for contact dermatitis. An earlier effective date was also granted for the right lower extremity radiculopathy.

The Board denied increased ratings for the Veteran's low back condition, left lower extremity radiculopathy, and left hip conditions as there was no evidence of a worsening of symptoms beyond what was shown at the September 2023 VA examination.

The Board denied the Veteran's claims for service connection for polio and related radiculopathies, as the evidence did not support a finding that these conditions were incurred in or caused by his active duty service.

The Board granted an initial rating of 40 percent for lumbosacral strain associated with DDD from L5 to S1 with IVDS, effective March 17, 2020, and denied an earlier effective date for the right lower extremity sciatic nerve radiculopathy.

The Board denied the veteran's claims for earlier effective dates for increased ratings and service connection, finding no persuasive evidence that the criteria for increased evaluations were met prior to the respective claim or examination dates.

The Board denied service connection for a lumbar spine disability, right leg disability (including radiculopathy), and left leg disability (including radiculopathy) as the evidence did not support that these conditions were incurred in or aggravated by active military service.

The Board granted a 40 percent disability rating for IVDS with DDD and sacroiliac weakness from November 24, 2015 to January 25, 2023, but denied ratings in excess of 40 percent for the same condition and also denied a higher rating for right lower extremity radiculopathy, sciatic nerve.

The Board granted a 40 percent rating for the low back condition from September 12, 2012 to May 31, 2017 and denied higher ratings for cervical spine degenerative disc disease, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Board also granted earlier effective dates of September 12, 2012 for the award of service connection for left and right lower extremity radiculopathies and special monthly compensation based on need for aid and attendance.