Radiculopathy & sciatica Board decisions

The veteran is granted an effective date of October 30, 2022 for service connection for cervical spine disabilities and July 11, 2022 for a 20 percent rating for right lower extremity radiculopathy.

The appeal for a higher rating for left leg sciatic radiculopathy was dismissed because the veteran requested to withdraw the appeal.

The Board granted eligibility for attorney fees based on past-due benefits awarded in a January 2023 rating decision.

The Board granted the Veteran's claims for readjudication due to new and relevant evidence but denied the claims for increased ratings.

The veteran's claim for service connection for tinnitus was granted. All other claims were denied or remanded.

The Board dismissed the veteran's appeals for service connection of migraine headaches, lumbosacral strain, and paralysis of the sciatic nerve due to procedural errors. The veteran did not follow the correct procedures to reopen these claims.

The veteran was granted a 40% rating for right upper extremity radiculopathy and a 30% rating for left upper extremity radiculopathy prior to October 28, 2022. The request for a higher rating for intervertebral disc syndrome of the cervical spine with spinal fusion was denied.

The Board denied service connection for left lower extremity neuralgia and sleep disturbances but remanded decisions on low back condition, right lower extremity neuralgia, and acquired psychiatric condition.

The veteran's appeal was dismissed because the veteran requested to withdraw it.

The veteran's claims for earlier effective dates for service connection of left and right lower extremity radiculopathy were granted. Claims for earlier effective dates for a higher rating of lumbar spine degenerative disc disease and PTSD were denied. The claim for an earlier effective date for Dependents' Educational Assistance was granted.

The appeal regarding a clear and unmistakable error in the August 2015 rating decision for constrictive bronchiolitis was dismissed because the Board did not have jurisdiction over the claim. The Veteran's counsel attempted to appeal an issue that was not adjudicated in the appealed rating decision.

The veteran's disability ratings for low back and left sciatic nerve issues were restored to previous levels. Claims for erectile dysfunction and pseudofolliculitis were denied. Other issues, including service connection for headaches and hypertension, were remanded.

The Board remanded the veteran's claims for special monthly compensation and increased ratings for several conditions due to missing medical records.

The veteran's service connection for lumbosacral strain and related radiculopathies in both lower extremities was granted.

The Board denied the veteran's request for an earlier effective date for TDIU benefits. The increase in disability occurred before the one-year period prior to the claim date.

The veteran's claims for an increased disability rating for bilateral hearing loss and service connection for left and right foot pes planus were denied. Other issues, including total disability rating based on individual unemployability and service connection for various conditions, were remanded.

The Board denied the veteran's request to restore higher ratings for degenerative disc disease and radiculopathy, finding that the reductions were proper based on medical evidence.

The Board remanded the claim for a total disability rating based on individual unemployability (TDIU) prior to August 13, 2024. The Board found that there was competent evidence suggesting the Veteran's service-connected disabilities may have rendered him unemployable during an earlier period.

The Board remanded the claim for an initial rating greater than 30 percent for cervical strain with degenerative arthritis due to insufficient objective evidence regarding neurological abnormalities.

The veteran's service connection for several conditions, including left and right knee disabilities, left ankle disability, left foot disability, posttraumatic headaches, TBI, and dental issues, was granted. However, service connection for bilateral hearing loss and higher ratings for other conditions were denied.