Radiculopathy & sciatica Board decisions

The Board remands the claims for service connection for paralysis of the sciatic nerve of the left and right lower extremities to correct a pre-decisional duty to assist error.

The Board granted restoration of a 100% rating for PTSD and special monthly compensation (SMC) at the housebound rate, effective October 1, 2021, while denying increased ratings for knee contusions and back strain.

The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance, as well as an allowance for an automobile or other conveyance, or for adaptive equipment only.

The Board denied higher ratings for the Veteran's degenerative joint disease, radiculopathy of the right upper extremity, right shoulder rotator cuff tendonitis, angiolymphoid hyperplasia with eosinophilia, and pseudofolliculitis barbae.

The Board denied the Veteran's claims for increased ratings for migraine headaches, degenerative disc disease with intervertebral disc syndrome (lumbar spine), and cervical spine hyperextension trauma. However, it granted a 20 percent rating for left lower extremity radiculopathy.

The Board granted service connection for cervical spine degenerative arthritis and DDD, as well as radiculopathy of both upper extremities and diabetic peripheral neuropathy in both upper extremities. However, the claim for benign prostatic hypertrophy (BPH) was denied.

The Board granted service connection for posttraumatic stress disorder (PTSD) and granted an initial separate and compensable disability rating of 10 percent, and no higher, for vertigo secondary to tinnitus. Other claims were denied.

The Board denied earlier effective dates for increased ratings and service connection, as well as remanded several claims for further development.

The Board remands the issues for further development, including obtaining outstanding private treatment records and scheduling a VA examination to assess the severity of the Veteran's service-connected conditions.

The Board granted an initial 40 percent disability rating for left and right lower extremity sciatica, but no higher.

The appeal for revision of the October 2014 denial of service connection for obstructive sleep apnea based on clear and unmistakable error (CUE) was denied, as well as claims for earlier effective dates for grants of service connection for various conditions.

The Board remands the claims for service connection for various disabilities, including erectile dysfunction and spine conditions, to correct pre-decisional duty-to-assist errors.

The Board granted an effective date of April 19, 2017 for the grant of a 70 percent rating for PTSD and an effective date of January 5, 2022 for the grant of service connection for bilateral hearing loss.

The Board denied the Veteran's claim for specially adapted housing grant as he does not have a permanent and total disability due to disorders that involve both lower extremities affecting balance or propulsion, which precludes locomotion without assistive devices.

The Board granted service connection for bilateral tinnitus and increased the rating for right lower extremity radiculopathy to 40 percent.

The Board denied higher ratings for the Veteran's low back, left hip, and sciatic and femoral nerve radiculopathies disabilities, as well as earlier effective dates for service connection. However, a TDIU was granted from August 2, 2022.

The Board granted a 40 percent rating for the lumbar spine disability, service connection for right and left lower extremity radiculopathy as secondary to the lumbar spine disability, but denied a compensable rating for hypertension. The issues of service connection for foot and knee disabilities were remanded.

The Board denied increased ratings for various service-connected conditions and granted a total disability rating based upon individual unemployability (TDIU).

The Board has remanded the claims for further development of evidence, including obtaining additional VA medical records and private treatment records.

The Board denied service connection for COPD, bilateral hearing loss, OSA, atrial fibrillation, and tinnitus. The Board also denied increased ratings for lumbar strain with lumbar spondylosis, left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy, and hypertension.