Radiculopathy & sciatica Board decisions

The Board granted a 10 percent disability rating for the residuals of a 5th digit fracture of the right hand and denied a compensable disability rating for bilateral hearing loss. The other claims for service connection were remanded.

The Board granted restoration of a 30 percent rating for right patellar valgus deformity of the right knee/leg with leg length discrepancy, and restored a 40 percent initial rating for right lower extremity radiculopathy, sciatic nerve, and a 30 percent rating for right lower extremity radiculopathy, femoral nerve. The Board denied an earlier effective date prior to May 20, 2019, for service connection for bilateral foot pes planus and plantar fasciitis with left metatarsalgia.

The Board denied the Veteran's claims for an earlier effective date for service connection for right and left lower extremity radiculopathy, finding that there was no evidence of these conditions prior to August 25, 2020.

The Board denied service connection for asthma, hypertension, and vertigo. The claims for bilateral lower extremity radiculopathy were also denied as not secondary to a service-connected disability. Some claims for various musculoskeletal conditions of the cervical spine, shoulders, elbows, wrists, hips, knees, ankles, feet, and fibromyalgia are remanded for further development.

The Board granted a 40 percent rating for the low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy from July 6, 2022. Service connection was denied for a cervical spine disorder.

The Board granted an additional compensable rating for left knee instability and service connection for tinnitus, while denying increased ratings for left knee strain (extension) and flexion, as well as service connection for a left leg disability and right leg disability.

The Board denied service connection for type II diabetes and denied increased ratings for various disabilities, including degenerative joint disease of the lumbar spine, radiculopathy, hiatal hernia with GERD, status post bilateral inguinal hernia repair, bilateral hearing loss, and other specified trauma and stressor related disorder.

The Veteran is granted a total disability rating based on unemployability due to service-connected disabilities and special monthly compensation at the statutory housebound rate.

The Board granted service connection for obstructive sleep apnea and a 20 percent rating for the right lower extremity femoral radiculopathy, while denying higher ratings for other conditions and TDIU prior to October 1, 2019.

The Board remands the claim for a total disability rating based on individual unemployability (TDIU) due to pre-decisional duty to assist error.

The Board remands the service connection claims for left shoulder condition, right shoulder condition, left upper extremity radiculopathy, right upper extremity radiculopathy, bilateral hearing loss, and tinnitus for readjudication due to an AOJ error in failing to provide notice of the Veteran's right to a pre-decisional hearing.

The Board denied the Veteran's claims for a certificate of eligibility for specially adapted housing and special home adaptation grant due to his service-connected disabilities not meeting the criteria.

The Board granted service connection for degenerative disc disease with intervertebral disc syndrome of the lumbar spine, right and left lower extremity radiculopathy as secondary to DDD with IVDS, erectile dysfunction as secondary to DDD with IVDS, and special monthly compensation based on loss of use of a creative organ. The appeal was denied for service connection for depression and anxiety, obstructive sleep apnea, hypertension, hypothyroidism, left lower extremity deep vein thrombosis, right and left lower extremity peripheral edema, and inguinal hernias.

The Board granted service connection for sinusitis and increased the ratings for degenerative arthritis of the lumbar spine with IVDS, left ankle sprain, and left lower extremity radiculopathy to 20 percent.

The Veteran is granted an effective date of July 27, 2016, for the grant of entitlement to service connection for right lower extremity radiculopathy of the sciatic nerve. The claims for higher initial disability ratings and earlier effective dates are remanded.

The Board denied service connection for left lower extremity radiculopathy as the evidence does not support a finding that it began during active service or is otherwise related to an in-service injury or disease.

The Board remands the matter for additional development, including a new VA examination to address the Veteran's back disability and ensure the examination is adequate in light of the Court's holding in Correia v. McDonald.

The appeal for service connection for right upper extremity radiculopathy was dismissed as the benefit sought has been granted in full.

The Board granted service connection for functional abdominal pain syndrome, a headache disorder, dyspnea, left elbow disorder, left wrist disorder, right wrist disorder, left knee disorder, and right foot plantar fasciitis. The Board denied an initial compensable rating for verruca vulgaris and bilateral hand scars. The Board remanded the claim for service connection for chronic fatigue syndrome.

The Board granted an earlier effective date of December 20, 1969 for the award of service connection for cervical strain with degenerative arthritis, spinal stenosis and intervertebral disc syndrome but denied earlier effective dates for other conditions.