Radiculopathy & sciatica Board decisions

The Veteran's claim for service connection for radiculopathy of the left upper extremity and cervical spine disability was granted with an effective date of March 9, 2021. However, his request for earlier effective dates for DEA benefits is denied as he does not meet the criteria for permanent total service-connected disability prior to that date.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed as the initial ratings were already assigned prior to May 24, 2021.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person, resulting in a grant of SMC based on aid and attendance.

The Board has remanded the case for further development, including a VA examination to determine the nature and likely etiology of the Veteran's left lower extremity sciatica. The issue of service connection for left lower extremity sciatica as secondary to degenerative arthritis of the cervical spine is also being addressed.

The Board denied the Veteran's claim for an effective date prior to May 23, 2022 for a 20 percent evaluation for left cubital tunnel. The evidence did not support finding that an earlier effective date was warranted.

The Veteran's initial evaluations for DJD of the lumbar spine and radiculopathy of both lower extremities have been denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Board has granted service connection for a right leg disability, including sciatica and deep vein thrombosis (DVT), finding that the Veteran's symptoms began during active service and have continued to the present.

The Board has remanded the claims for effective dates prior to January 4, 2015 for right and left lower extremity radiculopathy, as well as TDIU and DEA benefits. The case is being returned due to inadequate reasons and bases provided by the Board in its previous decisions.

The Veteran's service-connected conditions have made it necessary for him to rely on the aid and attendance of another person since March 30, 2016. The Board has granted SMC based on this need.

The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.

The Veteran's appeal for a higher rating for his right lower extremity lumbar radiculopathy of the sciatic nerve, from July 30, 2019, has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.

The Board has determined that the Veteran's bilateral pes planus, right shoulder condition, degenerative changes at L5-S1 with thoracolumbar dextroscoliosis, right lower extremity sciatic nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy require further examination and evaluation to determine appropriate disability ratings.

The Board has dismissed the appeal due to the appellant's withdrawal of all issues on appeal.

The Veteran's OSA is rated at 50 percent, and the Board denied a higher rating. The effective date for TDIU was granted from May 17, 2016.

The Board has granted service connection for lumbosacral strain, bilateral lower extremity radiculopathy (to include as secondary to lumbosacral strain), and left knee condition. Service connection was denied for left hip condition and right hip condition due to lack of evidence of current disability.

The Veteran's claims for service connection have been granted. Service connection is established for a cervical spine disorder, numbness in left arm, and numbness in left hand.

The Veteran's radiculopathy of the right lower extremity is granted with an effective date of March 11, 2009.,The Veteran's TDIU from March 11, 2009, is granted.

The Veteran seeks an earlier effective date for the grant of TDIU, which was granted on November 16, 2021. The Board finds that additional efforts are necessary to determine if the Veteran's employment constituted a protected environment due to his service-connected disabilities.

The Veteran's service-connected disabilities (lumbosacral strain, bilateral radiculopathy of the lower extremities, and tinnitus) are preventing him from securing or following any substantially gainful occupation. The Board finds a pre-decisional duty to assist error has been made and remands for VA to obtain Social Security Administration records relevant to his TDIU claim.

The reduction in rating for residuals of service-connected lumbar degenerative arthritis from 40 percent to 20 percent effective May 12, 2022 is improper and void ab initio. The petition to reverse the reduction is granted.,Effective dates are granted for service connection for radiculopathy of the left upper extremity and left elbow supination.