Radiculopathy & sciatica Board decisions

The Board remands the claims for further development, including obtaining additional medical evidence and examinations.

The Veteran withdrew his appeal for service connection for left upper extremity radiculopathy and traumatic brain injury, resulting in the dismissal of both claims.

The Board granted an earlier effective date of October 29, 2007 for the grant of service connection for headaches, degenerative arthritis of the neck, left upper extremity radiculopathy and right upper extremity radiculopathy.

The Board granted a total disability evaluation due to individual unemployability (TDIU) for the period from July 18, 2019, through October 20, 2020, and an effective date of July 18, 2019, but not earlier, for the grant of eligibility for Dependents' Educational Assistance Under 38 U.S.C. Chapter 35.

The Veteran's back brace, used to treat a service-connected disability, tended to cause wear and tear to his shirts in 2021, thus granting an annual clothing allowance for the year.

The Veteran's eligibility for specially adapted housing (SAH) is granted due to the loss of use of both lower extremities resulting from service-connected disabilities.

The Board denied a higher initial disability rating in excess of 20 percent for radiculopathy of the left lower extremity, finding that the symptoms more nearly approximated moderate incomplete paralysis.

The appeal for VA disability benefits is dismissed due to the Veteran's failure to properly identify the specific issues he wishes to appeal.

The Board remands the issue of entitlement to a rating in excess of 20 percent for right lower extremity radiculopathy due to an inadequate VA examination.

The Board denied higher ratings for the Veteran's cervical spine degenerative disc disease and bilateral upper extremity cervical radiculopathy as there was no evidence of unfavorable ankylosis or other criteria that would warrant a higher rating.

The Board denied earlier effective dates for service connection and increased ratings, granted a 10 percent rating for right and left knee conditions from May 27, 2022 to May 26, 2023, and remanded the PTSD claim.

The Board granted an initial disability rating of 30 percent for the service-connected left arm radiculopathy.

The Board granted service connection for right upper extremity (RUE) cervical radiculopathy and remanded the claims for hypertension, heart condition, prostate condition, and G6PD deficiency.

The Board granted service connection for degenerative arthritis of the lumbar spine with IVDS and lumbar radiculopathy, but remanded the claims for right foot condition and left foot condition.

The Board granted a 20 percent disability evaluation for degenerative joint disease and degenerative disc disease of the lumbar spine with sciatica of the legs, effective September 1, 2012. The claims for increased ratings for bilateral hearing loss and amputation of the distal right ring finger were denied.

The appeal for the request to revise the August 1994 rating decision that did not adjudicate the claim of service connection for bilateral lower extremity radiculopathy on the basis of CUE is dismissed as there is no case or controversy.

The Board remands the claims for an earlier effective date for TDIU and DEA, as there is a reasonable possibility that the Veteran was unemployable prior to August 4, 2020, due to his service-connected disabilities.

The Board remands the claims for increased initial disability ratings for lumbar spine degenerative arthritis and intervertebral disc syndrome, right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and a right ankle strain to ensure that VA examinations are adequate.

The Board remanded the Veteran's claim for entitlement to TDIU because the AOJ failed to consider whether the Veteran's cervical spine spondylosis and bilateral upper extremity radiculopathy constitute one disability under 38 C.F.R. § 4.16(a), which could meet the schedular threshold for TDIU eligibility. The Board found good cause for the Veteran's failure to appear for a VA examination based on his credible account of being told by a VA representative that the examination was unnecessary.

The Board granted earlier effective dates for the award of a separate 40 percent disability rating for radiculopathy of the sciatic nerve of both lower extremities and a 70 percent disability rating for PTSD, to include anxiety, sleep impairment, depression, seclusion, anger outburst due to chronic traumatic instability status post decompression of the right shoulder.