Radiculopathy & sciatica Board decisions

The Veteran's claims for service connection are remanded due to the need for additional medical records and opinions regarding the etiology of his ankle, knee, and leg disorders.

The Veteran's claims for increased ratings related to various knee and lumbar spine disabilities are being remanded due to the need for additional medical opinions regarding the appropriate level of amputation if performed, as well as retrospective findings for the October 2020 examination report.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation from December 29, 2009, to January 5, 2016. The effective date for TDIU is set at the earliest of receipt of claim and date entitlement arose.

The veteran is granted an initial disability rating of 30 percent for cervical spine degenerative disc disease and a total disability rating based on individual unemployability (TDIU) prior to May 31, 2016.

The Board denied the veteran's claims for service connection for bilateral shoulder disorders and bilateral lower extremity radiculopathy because no new and relevant evidence was received.

The veteran withdrew all claims for higher disability ratings, and the Board dismissed the appeal.

The Veteran's claims for service connection for right and left lower extremity radiculopathy were denied. The claims for back disability and bilateral hip disabilities were remanded.

The appeal for an increased rating for left lower extremity radiculopathy is remanded. The Board found that the VA did not provide a necessary examination to assess the severity of the condition.

The veteran's service connection for several conditions, including lower back, knee, shoulder, neck, and asthma, was granted. However, service connection for sinusitis and bronchitis was denied.

The Board granted the Veteran's appeal, finding that the severance of service connection for his back disability and bilateral lower extremity radiculopathy was improper.

The Veteran's motion for revision based on clear and unmistakable error was dismissed without prejudice to refiling. The Veteran did not specify the decision being appealed or identify a clear error.

The Board denied the veteran's claim for a disability rating higher than 20% for radiculopathy in both legs, stating that the evidence did not support a higher rating.

The veteran's claim for an effective date of January 31, 2020, for a 20 percent rating for left lower extremity radiculopathy was granted.

The Board dismissed the veteran's claim for a total disability rating based on individual unemployability (TDIU) as moot because the veteran already has a combined 100 percent rating.

The appeal was dismissed because the veteran died while it was pending. The dismissal does not affect the right of an eligible person to take the Veteran's place to continue the appeal on the pending claims.

The veteran's appeal for higher disability ratings was dismissed because the veteran withdrew the appeals.

The veteran's claim for a higher rating for radiculopathy of the right lower extremity, sciatic nerve was partially granted. The veteran is entitled to a 40 percent rating but no higher.

The veteran is granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) at the statutory housebound rate from June 29, 2011. The issue of TDIU prior to June 29, 2011, is remanded for further consideration.

The veteran was granted a 40 percent rating for lumbosacral strain with intervertebral disc syndrome and a 20 percent rating for lower left extremity radiculopathy. The veteran's claims for higher ratings for left hip strain were denied.

The veteran was granted a 40% disability rating for right lower extremity radiculopathy before January 7, 2022, and a maximum 50% rating for headaches from May 1, 2019. The veteran was also granted TDIU and DEA benefits since May 1, 2019. However, the veteran's request for an increased disability rating in excess of 60% for right lower extremity radiculopathy since January 7, 2022, and earlier effective dates were denied.