Radiculopathy & sciatica Board decisions

The Board denied service connection for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to a lack of evidence showing these conditions were incurred during active duty or related to any in-service injury.,The Veteran's claims for secondary service connection based on his existing service-connected lumbar spine disability were also denied.

The Board has decided to remand the Veteran's claim for service connection for degenerative disc disease other than intervertebral disc syndrome, retrolisthesis, and bilateral lower extremity radiculopathy (claimed as back pain) due to incomplete STRs and SPRs. The AOJ is instructed to obtain these records and schedule a VA examination to determine the nature and etiology of the Veteran's back condition.

The Veteran's PTSD rating was restored to 50% effective November 18, 2020. Her IVDS with degenerative disc disease of the thoracolumbar spine is granted an increased evaluation to 40%. Right lower extremity radiculopathy secondary to her service-connected IVDS is also granted.

The Veteran's increased ratings for left and right lower extremity radiculopathy were denied as the symptoms did not meet the criteria for a disability rating in excess of 20 percent.

The Board has granted service connection for cervical DDD and left and right upper extremity radiculopathy disabilities, both secondary to the Veteran's service-connected lumbar DDD.

The Veteran's right lower extremity sciatic radiculopathy was not service-connected prior to June 17, 2020. The claim for an initial rating in excess of 10 percent for the disability is also denied.

The Board has granted service connection for thoracolumbar spine and secondary service connection for radiculopathy of the right and left lower extremities, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active-duty service.

The Board has granted service connection for neurological impairment of the right and left lower extremities, variously diagnosed as neuropathy and radiculopathy, which is secondary to the Veteran's service-connected back disability.

The Board has remanded the claims for service connection due to issues being inextricably intertwined with the character of discharge determination. The Veteran's mental state at the time of misconduct is also under examination.

The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.

The Board denied the appellant's claims for survivor's pension, DIC benefits, and accrued benefits. The decision found that her income exceeded the maximum annual pension rate (MAPR), did not establish a service-connected disability as the cause of death, and dismissed the claim for accrued benefits due to her status as a substitute appellant.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment prior to September 28, 2021. From September 28, 2021 to May 22, 2022, the Veteran had a combined total disability rating of 100%, which rendered the issue moot as he was already receiving SMC based on his service-connected disabilities.

The Board has remanded the claim for service connection of left upper extremity radiculopathy as secondary to a neck condition due to the recent grant of service connection for the neck condition.

The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.

The Veteran's initial rating for left and right shoulder degenerative arthritis was denied. The Veteran also had his cervical spine radiculopathy granted, as well as a grant of service connection for lumbar spine degenerative arthritis effective March 13, 2018.,The Veteran's allergic rhinitis was granted effective December 27, 2021.

The Board has remanded the Veteran's claims for bilateral lower extremity radiculopathy due to a lack of discussion on the impact of medication used to treat the conditions, and for a supplemental opinion.

The reduction of the Veteran's evaluation for his back disability from 60 percent to 40 percent was improper, and the appeal is granted. The rating in excess of 60 percent for a back disability is denied. The ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy are also denied.

The Board has remanded the case due to a failure by the AOJ to notify the Veteran of his right to a pre-decisional hearing before the AOJ.

The Board has granted service connection for lumbar condition, left knee condition, LLE radiculopathy as secondary to service-connected lumbar condition, RLE radiculopathy as secondary to service-connected lumbar condition, and OSA as secondary to service-connected diabetes and orthopedic conditions.

The Veteran's claim for higher ratings and effective dates has been denied. The rating for the left pectoralis muscle disability remains at 30 percent.