Radiculopathy & sciatica Board decisions

The Board granted service connection for tinnitus and an initial rating of 40 percent, but no higher, for left lower extremity radiculopathy (sciatic nerve), while remanding the claims for service connection for bilateral hearing loss and a rating in excess of 20 percent for lumbar strain with Intervertebral Disc Syndrome.

The Board dismissed the veteran's claims for earlier effective dates and service connection for a sleep disability due to lack of legal entitlement.

The appeal was denied for left lower extremity radiculopathy/sciatica and remanded for low back disability, right lower extremity radiculopathy/sciatica, left hip disability, right hip disability, and respiratory disability.

The Board granted service connection for cervical strain with spondylosis and neuroforaminal encroachment, left upper extremity cervical radiculopathy, right upper extremity cervical radiculopathy, left lower extremity lumbar radiculopathy, and right lower extremity lumbar radiculopathy. The Board also granted initial ratings of 40 percent for lumbosacral strain with degenerative arthritis and 20 percent for right knee patellofemoral pain syndrome.

The Board denied the Veteran's claims for a compensable rating for erectile dysfunction and additional special monthly compensation, and remanded several service connection and increased rating claims.

The Board denied service connection for bilateral hearing loss, sleep apnea, and non-compensable ratings for sinusitis, allergic rhinitis, thoracolumbar strain with degenerative arthritis of the spine, right knee strain, and radiculopathy of the right lower extremity sciatic nerve.

The veteran withdrew the appeal for all issues, and the Board has no jurisdiction to review this appeal.

The Board denied service connection for cervical strain, lumbosacral strain, right and left lower extremity radiculopathy, and a left knee disability as they were not related to the Veteran's active service. The claims for chronic fatigue syndrome (CFS), irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD) are remanded for further development.

The Veteran is granted a total disability rating based on individual unemployability due to his service-connected disabilities, which render him unable to secure or follow a substantially gainful occupation.

The appeals for entitlement to initial ratings higher than 20 percent for the right and left lower extremity radiculopathy were dismissed due to a duty to assist error in the initial rating decision.

The appeal for a higher initial rating for degenerative disc disease of the lumbar spine was dismissed as it was improperly docketed under the Appeals Modernization Act.

The Board denied increased ratings for cervical strain and lumbosacral strain, granted a 10 percent rating for right lower extremity sciatic nerve radiculopathy from February 20, 2019, to present, and granted TDIU from May 8, 2020, to March 17, 2021.

The appeal was granted for the severance of service connection for deviated nasal septum, which was found to be improper.

The Board denied the veteran's claims for increased ratings for various service-connected conditions, including knee pain, back pain, and anxiety disorder.

The Board denied a disability rating greater than 20 percent for radiculopathy of the left sciatic nerve and femoral nerve, finding that the evidence did not support moderate or severe incomplete paralysis.

The appeal for earlier effective dates for the grants of service connection for bilateral lower extremity radiculopathy was dismissed as the issues were not adjudicated in the April 2023 rating decision.

The Board dismissed the Veteran's claims for an earlier effective date for service-connected left lower extremity radiculopathy (femoral and sciatic nerves) as freestanding claims, which are not permissible under law.

The Board remands the claims for a higher disability rating for lumbosacral strain and sciatic radiculopathy of the left lower extremity due to a pre-decisional duty to assist error.

The Board granted service connection for lumbosacral strain and left lower extremity radiculopathy, but remanded the claims for other lumbar spine disabilities, sinus disability, left knee disability, bilateral foot disability, left shoulder disability, and a compensable evaluation for a left arm wrist burn.

The Board denied a disability rating in excess of 70 percent for PTSD prior to February 26, 2020, and denied increased ratings for bilateral hearing loss, low back disability, radiculopathy of the left lower extremity, right knee disability, and left knee disability. The Board granted a separate evaluation of 20 percent for radiculopathy of the right lower extremity from February 14, 2020, and separate evaluations of 10 percent for instability and limitation of extension in both knees starting on specific dates.