Radiculopathy & sciatica Board decisions

The Veteran was granted an initial 30 percent disability rating for right upper extremity radiculopathy prior to February 9, 2024 and denied a higher rating from that date. The claim for an initial compensable disability rating for the anterior neck scar was also denied.

The Board remands the issues of increased disability ratings for right shoulder, cervical spine, lumbosacral strain with IVDS, and right lower extremity radiculopathy, as well as a TDIU claim, for further development.

The Board remands the claims for further development and to obtain additional medical opinions.

The Board granted a 40 percent rating for radiculopathy of the left and right lower extremities, effective May 12, 2023, but denied an earlier effective date for the lumbosacral strain.

The Board granted a disability rating of 30 percent for cervical strain with degenerative arthritis of the spine, spondylolisthesis and cervical angina but denied service connection for several other conditions including back disability, radiculopathy, shin splints, major depressive disorder, left shoulder disability, seizure disorder, dysthymic disorder, and vision disability.

The Board denied higher disability ratings for the veteran's unspecified depressive disorder, back disability, and various radiculopathies but granted a total disability rating based on individual unemployability (TDIU) from July 27, 2019.

The Board remands the claims for a VA Peripheral Nerves examination to determine the nature, extent, and severity of the Veteran's service-connected left and right lower extremity femoral radiculopathy.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on aid and attendance due to a lack of evidence showing that his service-connected disabilities required regular aid and attendance from another person.

The Board denied the Veteran's claim for an increased disability rating for left lower extremity lumbar radiculopathy, finding that the evidence did not support a higher rating.

The Veteran's service-connected disabilities, including lumbosacral strain residuals and bilateral lower extremity radiculopathy, were found to preclude him from obtaining and retaining substantially gainful employment.

The Board granted a 40 percent rating for left upper extremity radiculopathy and a 30 percent rating for right upper extremity radiculopathy, finding the evidence to be in equipoise as to whether the Veteran's disability manifested in mild or moderate incomplete paralysis.

The appeal for service connection for multiple conditions has been withdrawn by the Veteran.

The Board granted increased ratings for lumbar spine disability, right and left lower extremity radiculopathy, and restored a 10 percent rating for a painful scar. Other claims were denied or remanded.

The Board remands the claims for increased ratings and TDIU due to an inadequate VA examination.

The Board restored the 20% disability ratings for left and right lower extremity radiculopathy of the sciatic nerve, granted initial 20% ratings for left and right lower extremity radiculopathy of the femoral nerve, and granted service connection for obstructive sleep apnea.

The Board denied the veteran's claims for earlier effective dates and remanded the claim for an evaluation in excess of 20 percent for lumbosacral strain with sacroiliac injury and weakness due to a pre-decisional error in the duty to assist.

The Board remands the claims for further development and to correct duty-to-assist errors.

The Board denied the Veteran's appeal for a higher rating than 20 percent for lumbosacral strain and intervertebral disc syndrome, finding the evidence supports only a 20 percent rating. The Board remanded claims for cervical strain service connection, higher ratings for bilateral lower extremity radiculopathy, and TDIU eligibility due to duty to assist errors and the need for additional medical examinations.

The Board granted the application to readjudicate the claim of service connection for Diabetes Mellitus II (DM II) and assigned an effective date of June 24, 2022, but no earlier. The claims for earlier effective dates for other conditions were denied.

The Board denied the Veteran's request for an earlier effective date for the grants of service connection for left and right lower extremity radiculopathy, as the evidence did not support a diagnosis of radiculopathy prior to March 23, 2023.