Radiculopathy & sciatica Board decisions

The Board remands the claims for service connection for various conditions due to a failure to obtain necessary private treatment records.

The Veteran's claim for a TDIU, effective July 10, 2003, is granted.

The Veteran's back disability is granted an initial rating of 40 percent, but not higher. The claims for increased ratings for left and right lower extremity radiculopathy are denied.

The Board of Veterans' Appeals dismissed the claims for service connection for skin fungus, chloracne, sciatic nerve disability, and a total disability based upon individual unemployability (TDIU) as a valid higher-level review request was received, and a decision was never issued under the Appeals Modernization Act.

The Board denied service connection for various conditions, including hypertension, hemorrhoids, and multiple musculoskeletal issues, as the evidence did not support a finding of a current disability or a link to military service.

The Board remands the claims for higher ratings of radiculopathy in both lower extremities to schedule a VA examination that considers the severity without the ameliorative effects of medications.

The Board denied service connection for posttraumatic stress disorder (PTSD) and dismissed the claims for left lower extremity radiculopathy, left lower extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity radiculopathy, right lower extremity peripheral neuropathy, and right upper extremity peripheral neuropathy. The claim for GERD was remanded.

The Veteran's radiculopathy of the left lower extremity is granted a 40 percent evaluation, but no higher. The right lower extremity radiculopathy and TDIU claims are denied.

The Board granted a 20 percent disability rating for right and left lower extremity radiculopathy, but no higher.

The Board found that the rating reductions for left and right upper extremity cervical radiculopathy were not proper due to procedural errors, and thus restored the previous ratings.

The Board denied service connection for hearing loss, right ear; an initial rating in excess of a noncompensable rating for hearing loss, left ear; and service connection for pain and dysfunction of the right knee, right sciatic radicular pain and parasthesia of the right leg, left sciatic radicular pain and parasthesia of the left leg. The claims were remanded for further development.

The Board denied several claims for increased ratings and granted a 20 percent rating for the left ankle disability, while denying all other claims.

The Veteran's hypertension was granted a 10 percent rating, but no higher. The claims for earlier effective dates for the separate ratings of sciatic and femoral nerve radiculopathy were denied, as well as the remanded claims for initial ratings in excess of 10 percent for left knee and lumbar spine disabilities.

The veteran withdrew his appeal, stating that he was rated at 100 percent and there are no remaining claims for appellate consideration.

The Board granted a 40 percent initial rating for radiculopathy of the left and right lower extremity sciatic nerves, effective July 21, 2022. TDIU was denied.

The Board denied the Veteran's claims for earlier effective dates for increased ratings and service connection, finding that June 29, 2021, was the earliest possible date of claim.

The Board granted the appellant's eligibility for direct payment of attorney fees based on past-due benefits awarded in a February 2024 rating decision that granted service connection for lumbosacral strain and right and left lower extremity radiculopathy.

The Board denied the Veteran's claim for an earlier effective date for service connection and ratings for radiculopathy of the right and left lower extremities, finding no clear and unmistakable error in the August 2019 rating decision.

The Board remands all claims for service connection due to pre-decisional errors in the duty to assist, including missing service treatment records and inadequate medical opinions.

The Board denied the veteran's claims for service connection for residuals of sacroiliac injury, sciatica, left lower extremity, right knee disorder, and left knee disorder as there was no evidence to support a finding that these conditions were causally related to his active service.