Radiculopathy & sciatica Board decisions

The Board denied readjudication of increased rating claims for diabetes mellitus, bilateral knee, bilateral lower extremity peripheral neuropathy, and cervical spine, as well as an earlier effective date for DEA and entitlement to TDIU due to the lack of new and relevant evidence.

The Board dismissed the veteran's appeals for earlier effective dates and increased ratings for right and left lower extremity radiculopathy due to procedural issues.

The Board restored the 50% rating for cervicogenic headaches and the 40% rating for right upper extremity cervical radiculopathy, effective February 1, 2025, as the reductions were not proper. The reduction of the left upper extremity cervical radiculopathy to 0% was upheld.

The Veteran is granted special monthly compensation (SMC) at the rate provided by 38 U.S.C. § 1114(l) for aid and attendance due to service-connected posttraumatic stress disorder (PTSD) and lumbar back strain and intervertebral disc disease with sciatic nerve involvement, as well as SMC based on the need for regular aid and attendance at the rate provided by 38 U.S.C. § 1114(r)(1), but not at the higher level of care under 38 U.S.C. § 1114(r)(2).

The veteran withdrew all appeals for increased ratings of various conditions, resulting in the dismissal of all claims.

The Board granted an earlier effective date of May 26, 2023, for the award of service connection for right lower extremity radiculopathy and granted service connection for cervicodorsal myositis. Sinusitis was denied.

The Board remands the claims for service connection for a lumbosacral strain, left hip disability, right hip disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and an acquired psychiatric disorder, to include anxious distress, with intermittent major depressive episodes, as additional evidence needs to be considered.

The Board remands the claims for an increased rating, service connection for radiculopathy of both lower extremities, and TDIU due to incomplete evidence.

The Board granted a 40 percent rating for right and left lower extremity radiculopathy, sciatic nerve, restored the 40 percent rating for lumbar spine disability, and granted a total disability rating based on individual unemployability.

The Board remanded the issues of entitlement to earlier effective dates for RLE and LLE radiculopathy service connection awards, finding that the AOJ failed to reconsider these claims under 38 C.F.R. § 3.156(c) after receipt of relevant official service department records. The Board remanded for a VA medical opinion to determine whether the radiculopathy onset occurred prior to September 15, 1999.

The Board remands the issues of entitlement to an earlier effective date for the award of service connection for right and left lower extremity radiculopathy due to a need for additional evidence.

The Board granted restoration of a rating of 10 percent for both the left and right lower extremity radiculopathy, femoral nerve, from the effective date of the reduction.

The Board granted service connection for a right shoulder disability and remanded the claims for lumbar spine, thoracic spine, right hip, left knee, right knee, left ankle, right ankle, and bilateral foot disabilities.

The Board denied the veteran's appeal requests for all rating decisions due to untimeliness and lack of good cause.

The Board granted service connection for a left hip condition, lower back condition, bilateral plantar fasciitis, and right hip condition based on new and relevant evidence. The Board also granted service connection for left hip pain with left lower extremity radiculopathy and right hip pain with right lower extremity radiculopathy as secondary to the service-connected lower back condition.

The Board remands the claims for service connection for a low back disability and sciatica of both lower extremities, to include as secondary to the Veteran's service-connected foot and knee disabilities, due to pre-decisional duty to assist errors.

The Board denied service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, left hand 3rd digit laceration, boil removal, and a left ankle disability. The Board also denied an initial rating in excess of 10 percent for right elbow lateral epicondylitis with limitation of pronation.

The Board remands the claims for service connection for bilateral carpal tunnel syndrome, left and right upper extremity cervical radiculopathy, irritable bowel syndrome (IBS), and generalized anxiety disorder to correct pre-decisional duty to assist errors.

The Board denied earlier effective dates for the grants of service connection and increased ratings for various disabilities.

The Veteran's allergic rhinitis and sinusitis are service-connected due to exposure to fine particulate matter during her deployment.,The Veteran's lumbar spine condition is service-connected based on onset during active service.,The Veteran's left ankle condition is service-connected as it occurred during reserve service.,,,,,,,,,,,,,,,