Radiculopathy & sciatica Board decisions

The veteran's appeal requests were denied as they were not timely filed, and good cause was not shown to extend the time for filing.

The Board granted service connection for dermatophytosis (tinea pedis and onychomycosis of the foot) with a rating of 30 percent, but denied service connection for multiple other conditions including hypokalemia, bilateral pes planus, cervical spine condition, left elbow condition, left foot hallux valgus, left hand condition, left hip condition, right hip condition, pain in left shoulder joint, right elbow condition, right hand condition, left extremity sciatica, right extremity sciatica, right knee condition, stomach issues, headaches, and obstructive sleep apnea.

The Board granted restoration of the 40 percent rating for the lumbar spine disability, effective November 1, 2023, and denied a higher rating. The claims for increased ratings for radiculopathy and TDIU were remanded.

The Board denied service connection for lumbosacral strain with bilateral lower extremity radiculopathy as it was not shown to be causally or etiologically related to any disease, injury, or incident during the Veteran's military service.

The Board granted service connection for bilateral knee degenerative joint disease and right shoulder DJD, but denied service connection for a compensable rating for scar, right bunionectomy, bilateral hearing loss (BHL), and right radiculopathy.

The Board granted an earlier effective date of February 15, 2013 for the grant of an increased 40 percent rating for a low back disability. The other issues were remanded.

The Board remands the claims for an increased rating and TDIU due to RLE radiculopathy affecting the sciatic nerve for further development, including a new examination that does not consider the ameliorative effects of medication.

The Board granted compensation and service connection for various conditions, including those under 38 U.S.C. § 1151, as well as a total disability rating based on individual unemployability due to service-connected disabilities.

The Board denied an initial evaluation in excess of 10 percent for asthma and remanded the claims for service connection for chronic fatigue syndrome and right lower extremity radiculopathy.

The Board granted service connection for GERD as secondary to the Veteran's service-connected disabilities, an earlier effective date of March 14, 2022, for left upper extremity radiculopathy, and a 30 percent rating for that condition. The claims for increased ratings and special monthly compensation were remanded.

The Board dismissed the claim for an earlier effective date for service connection of right upper extremity cervical radiculopathy and granted a 30 percent rating for the cervical spine disability beginning December 18, 2020.

The Board granted service connection for lumbar degenerative disc disease with spinal stenosis and bilateral lower extremity radiculopathy based on the evidence showing a relationship to the Veteran's active service.

The Board denied service connection for chronic fatigue syndrome, hemorrhoids, and a thoracic spine disorder. Service connection was granted for hypertension, and an initial rating of 30 percent was assigned for irritable bowel syndrome.

The Board denied service connection for right lower extremity radiculopathy as there was no current diagnosis of the condition.

The Board denied a rating in excess of 50 percent for PTSD and a compensable rating for pseudofolliculitis barbae (PFB), but granted service connection for left sciatic radicular pain and paresthesia, right sciatic radicular pain and paresthesia, and right shoulder pain.

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.