Radiculopathy & sciatica Board decisions

The Board denied a higher rating for bilateral hearing loss and remanded the claims for osteoarthritis of the right hip, left lower extremity sciatic nerve radiculopathy, and right lower extremity femoral nerve radiculopathy.

The Board denied the veteran's claims for an earlier effective date, a higher rating for bilateral sciatic radiculopathy, individual unemployability prior to April 5, 2017, eligibility for Dependents' Educational Assistance under 38 USC chapter 35 prior to November 30, 2010, and increased rating based on entitlement to special monthly compensation.

The Board dismissed all appeals related to service connection for various conditions and an effective date prior to March 13, 2024, for the award of service connection for posttraumatic stress disorder (PTSD).

The Board granted service connection for PTSD and restless leg syndrome, denied service connection for a respiratory disorder other than sinusitis and rhinitis, and granted an initial rating of 70 percent for depressive disorder with alcohol use disorder effective August 18, 2022.

The Board dismissed the appeal for service connection for SLAP tear, right upper extremity and denied service connection for radiculopathy, left lower extremity. Service connection was granted for radiculopathy, right lower extremity effective September 13, 2021.

The Board denied or dismissed the veteran's claims for earlier effective dates, higher ratings, and service connection for various conditions, with some grants of earlier effective dates and initial ratings.

The Board granted a disability rating of 40 percent, but no higher, for left and right lower extremity radiculopathy of the sciatic nerve.

The Board denied the Veteran's claims for earlier effective dates for the awards of service connection and increased ratings, finding that no evidence supports an earlier date than April 1, 2024.

The Board granted earlier effective dates for the grants of service connection for degenerative arthritis of the spine with bilateral sacroiliac joint dysfunction, injury of nerves at right wrist and hand level, neuritis of the musculocutaneous nerve (superficial peroneal), injury of nerves at right wrist and hand level, all radicular groups, and nerve damage to right wrist and hand (claimed as right wrist condition). Service connection for bilateral lower extremity radiculopathy was also granted as secondary to service-connected degenerative arthritis with sacroiliac joint dysfunction.

The Board granted service connection for left lower extremity radiculopathy, diagnosed as sciatica, based on the Veteran's participation in a toxic exposure risk activity and an approximate balance of evidence showing that the condition is related to active military service.

The Board denied the Veteran's claims for a temporary total rating based on convalescence and entitlement to specially adapted housing, as he was not service-connected for a lumbar spine disability at the time of his spinal laminectomy in December 2019, and there is no evidence of loss or loss of use of any extremities that would preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

The Board denied service connection for left cervical radiculopathy, bilateral hearing loss, and a compensable rating for Hashimoto thyroiditis. The Veteran's asthma, non-allergic rhinitis, and right shoulder scars were rated as initially granted or denied based on the evidence of record.

The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.

The Board remands the claims for further development and to ensure proper due process, including adequate requests for service and medical records, and adequate medical examinations based upon an accurate record.

The Board denied a rating greater than 20 percent for the lumbar spine disability and an evaluation greater than 10 percent for right lower extremity radiculopathy, but granted an evaluation of 20 percent for left lower extremity radiculopathy. The claim for Morton's neuroma was remanded.

The Board remands the claim for an addendum VA opinion to address the Veteran's symptoms without considering the ameliorative effects of his medications.

The Board remands the issues of entitlement to an initial disability rating in excess of 10 percent for right and left lower extremity radiculopathy for further development, including a VA examination.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on aid and attendance/housebound status due to a lack of evidence showing that her service-connected disabilities rendered her in need of regular aid and attendance or housebound.

The Board remands the issues of entitlement to higher ratings for right upper extremity radiculopathy and entitlement to a total disability rating based upon individual unemployability (TDIU) for further review by the AOJ.

The Board granted service connection for a psychiatric disorder, other than posttraumatic stress disorder (PTSD), variously diagnosed as major depressive disorder, anxiety disorder, adjustment disorder, and panic disorder.