Radiculopathy & sciatica Board decisions

The Board remands the issues of entitlement to higher disability ratings for lumbar spine and bilateral lower extremity radiculopathy disabilities, as well as effective dates for TDIU and DEA, due to non-compliance with prior remand directives.

The Board remands the appeal for additional development, including a retrospective opinion regarding range of motion during flare-ups and requesting evidence pertaining to the Veteran's annual income prior to January 2010.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).

The Board denied a disability rating higher than 20 percent for right lower extremity radiculopathy based on the evidence showing moderate incomplete paralysis.

The veteran was granted an initial disability rating of 40 percent, but no higher, from December 26, 2017, for right lower extremity (RLE) sciatica.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) from March 23, 2011 to May 10, 2022, excluding the period of full-time employment from August 5, 2021 to December 4, 2021. The claims for increased ratings for various service-connected disabilities were denied.

The Board remands the Veteran's claims for increased ratings for his thoracolumbar spine and radiculopathy conditions, as well as a separate rating for femoral nerve radiculopathy, to obtain additional medical evidence.

The Board granted a 40 percent rating for right and left lower extremity lumbar radiculopathy, sciatic nerve.

The Board reinstated the 50 percent disability rating for squamous cell carcinoma of the scalp with surgical scars, effective February 19, 2024. Service connection was also restored for lumbosacral strain and various radiculopathies.

The Board denied earlier effective dates for the grant of service connection for bilateral upper and lower extremity radiculopathy, remanded claims for increased ratings for knee and spine disabilities, and remanded claims for service connection for coronary artery disease, sleep apnea, and GERD.

The Board granted service connection for a cervical spine disability, diagnosed as status post cervical spine surgical procedure with degenerative arthritis, spinal stenosis, and radiculopathy of the bilateral upper extremities.

The Board remands the claims for an increased, initial disability rating for service-connected cervical strain with ACDF C6-7 and radiculopathy of the left upper extremity to correct a duty to assist error.

The veteran withdrew his appeal prior to the promulgation of a decision, and all claims were dismissed.

The Board granted service connection for migraine headaches and denied earlier effective dates for several conditions, including degenerative disc disease and arthritis with chronic low back pain and lumbosacral strain.

The Veteran's service-connected disabilities, including generalized anxiety disorder and orthopedic conditions, preclude him from securing or following a substantially gainful occupation.

The Board granted an effective date of March 2, 2007, for the grant of service connection for left and right lower extremity radiculopathy and November 26, 2014, for COPD, emphysema, and asthma. The claims for earlier effective dates were denied.

The Board denied service connection for bilateral hearing loss and chronic fatigue syndrome, but granted separate initial 10 percent ratings for right and left lower extremity restless leg syndrome associated with sciatic radiculopathy. The claims for increased ratings for lower extremity radiculopathy were also denied, as were the claims for higher ratings for knee conditions and IBS.

The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.

The Veteran's asthma was granted a 100 percent rating prior to May 8, 2024, and the ratings for left and right lower extremity radiculopathy were increased from 10 percent to 20 percent.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need of regular aid and attendance due to his service-connected disabilities.