Radiculopathy & sciatica decisions — 2026

The Veteran's claims for increased ratings for left and right lower leg sciatic radiculopathy are being remanded due to inadequate examination findings.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, which is granted.

The Veteran's lumbar laminectomy scar is rated at 10 percent, but the Board finds that it does not meet the criteria for a compensable rating.,The Veteran's lower back disability and bilateral lower extremity radiculopathy are currently rated at 10 percent each. The VA examinations were inadequate to rate these disabilities accurately.

The Veteran's service-connected disabilities, including degenerative lumbar arthritis and injuries to his lower extremities, result in the loss of use of both lower extremities such that he is unable to effectively ambulate independently without assistive devices. This meets the criteria for specially adapted housing eligibility.

The Veteran's service-connected conditions have caused him to be in need of regular aid and attendance, which has been granted for special monthly compensation (SMC).

The Board denied an earlier effective date for a 70 percent rating for generalized anxiety disorder, finding it not factually ascertainable that the condition manifested with occupational and social impairment in most areas prior to October 7, 2024.,The Board also denied entitlement to an initial rating in excess of 20 percent for IVDS with bilateral facet arthropathy (back), as there was no evidence of unfavorable ankylosis or incapacitating episodes during the appeal period.,For left and right lower extremity radiculopathy, the Board denied entitlement to initial ratings in excess of 10 percent, noting that the Veteran did not meet criteria for higher ratings based on incomplete paralysis severity.

All appeals for increased ratings and TDIU have been dismissed as the Veteran withdrew his appeals related to these issues at a hearing.

The Board has dismissed the appeals for service connection of various conditions due to the Veteran not filing a timely Notice of Disagreement within one year of receiving rating decisions.

The Board has decided that the Veteran and his spouse are not eligible for benefits under the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) due to a lack of evidence showing they need personal care services from another individual. The case is being remanded to allow further development.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional VA examinations. The AOJ is instructed to attempt rescheduling the Veteran's missed VA examinations.

The Board has remanded the Veteran's claims for service connection for radiculopathy of both lower extremities due to a duty-to-assist error in not obtaining a VA examination prior to the August 2019 rating decision.

The Veteran's claims for service connection for irritable bowel syndrome, bilateral hip disabilities, migraine headaches, tinnitus, left knee disability and bilateral ankle disabilities are being remanded.,VA is required to grant an earlier effective date of December 15, 2021, for the award of service connection for right ankle strain, left ankle strain, and left knee strain. The Veteran's anxiety disorder rating is also being granted an earlier effective date of December 15, 2021.,VA must grant a 30 percent rating for allergic rhinitis as of December 15, 2021, but the reduction to zero percent from 30 percent on December 30, 2023, is not proper. The Veteran's respiratory condition (now claimed as chronic bronchitis) remains at a 10 percent rating.

The Veteran's claim for a higher initial rating for his right lower extremity radiculopathy of the sciatic nerve is granted, with an effective date of June 1, 2018.

The Veteran's claim for SMC based on the need for the regular aid and attendance of another person or housebound status is denied as he does not require such assistance.

The Veteran's hypertension was not granted an earlier effective date than August 10, 2022.,Effective February 25, 2021, the Veteran is now eligible for Dependents' Educational Assistance based on permanent and total disability status due to multiple service-connected disabilities.

The Board has determined that the Centralized Eligibility and Appeals Team (CEAT) incorrectly concluded that the Veteran does not require personal care services for a minimum of six continuous months based on her disability conditions. The CEAT review overlooked evidence indicating she may need supervision or protection due to neurological impairments, as well as regular or extensive instruction or supervision due to her eye condition and lumbar spine condition. As such, the Board has ordered a new medical opinion to determine if personal care services are required for a minimum of six continuous months.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no credible evidence to support the occurrence of an in-service injury and that any current disabilities are not causally related to service.

The Veteran's claims for increased ratings for left lower extremity sciatic and femoral radiculopathy have been denied. The Board found that the evidence did not support a higher rating prior to February 22, 2021, or thereafter.

The Veteran's appeals for higher ratings for left and right lower extremity radiculopathy have been dismissed as the appellant has withdrawn them.

The Veteran's right hand median nerve disability is rated at 50 percent, but no higher, for the entire appeal period. Additionally, entitlement to SMC based on loss of use of one hand under 38 U.S.C. § 1114(k) is granted.