Radiculopathy & sciatica Board decisions

The Veteran's appeals for increased disability ratings in excess of 20 percent for right and left lower extremity radiculopathy have been withdrawn, resulting in the dismissal of these claims.

The Veteran's service-connected PTSD with depressive disorder does not meet the criteria for SMC based on aid and attendance due to his ability to dress, feed himself, and perform daily activities. He is also not considered housebound due to his service-connected disabilities.

The Veteran's lumbosacral strain was rated at 40 percent, effective September 27, 2021.,Right femoral and sciatic nerve radiculopathies were each rated at 20 percent, also effective September 27, 2021.,Sinusitis was rated at 30 percent, effective September 27, 2021. Rhinitis remained rated at 10 percent.

The Board has identified errors in obtaining VA treatment records from the Veterans Health Information System Technology Architecture (VistA) Imaging system, which are relevant to the Veteran's claims for increased disability ratings. The Board is therefore remanding these cases to obtain and associate these records with the claims file.

The Veteran's right lower extremity radiculopathy, sciatic nerve, is rated at a 20 percent rating due to moderate incomplete paralysis of the sciatic nerve. The Board found that the evidence was in approximate balance as to whether the criteria for moderate impairment have been met and resolved reasonable doubt in favor of the Veteran.

The Veteran's service connection for right upper extremity radiculopathy, right lower extremity radiculopathy, and bipolar disorder has been granted with effective dates of December 9, 2014. The Veteran's claim for earlier effective dates for these conditions have been denied.

The Board has decided to remand the case due to an inadequate medical examination report, and a new one must be conducted to assess the severity of the Veteran's radiculopathy.

The Veteran's appeal for increased ratings and TDIU was granted in July 2020, with the past-due benefits awarded as a result of these decisions. The appellant is eligible to attorney fees based on these past-due benefits.

The Veteran's claims for earlier effective dates for service connection and related benefits were denied. The Board found that the earliest date on which the awards of service connection could be effectuated was March 9, 2023.

The Veteran's claims for insomnia and headaches have been denied as there is no evidence of a current disability.,For the bilateral plantar fasciitis, meralgia paresthetica (right and left), the Board has found that remand is necessary due to inadequate VA medical opinions.

The Veteran's claim for service connection for jock itch (tinea cruris) has been denied as there is no persuasive evidence of a current diagnosis or in-service incurrence.,Service connection for left-sided and right-sided hernias, pseudo folliculitis of the face, pseudo folliculitis of the neck, lumbar spine disability, sciatic radicular pain and paresthesia of the lower extremities, left foot bunion, right foot bunion, toenail fungus and tinea pedis, left foot pes planus, right foot pes planus, left ankle disability, right ankle disability, osteoarthritis of the hips, left wrist disability, and right wrist disability has also been denied as there is no persuasive evidence of a current diagnosis or in-service incurrence.,The Veteran's service treatment records are silent regarding any complaints or diagnoses related to these conditions. Post-service medical records do not provide evidence of current diagnoses for any of the claimed conditions.

The Board has granted service connection for abdominal pain, dysuria, a back disability, and right lower extremity radiculopathy/sciatica. Service connection for vision disability is denied.

The Veteran's TBI with PTSD was granted a disability rating of 70 percent effective May 6, 2021. The other conditions were denied.

The Veteran's lumbar spine and right ankle disabilities are rated based on limitation of motion. The Board found the criteria for higher ratings were not met.,Service connection for obstructive sleep apnea is remanded due to a duty to assist error.

Effective dates of November 7, 2013, are granted for service connection of lumbar degenerative disc disease and right shoulder osteoarthritis. Service connection for bilateral lower extremity sciatic nerve dysfunction is denied prior to May 26, 2017.

The Veteran's sleep apnea is granted as secondary to service-connected disabilities, specifically his cervical spine degenerative disc disease and obesity. The initial ratings for the neck condition, bilateral upper extremity radiculopathy, and back condition are remanded.

The Board has vacated the September 2023 decision dismissing issues of earlier effective dates for special monthly compensation, TDIU, and DEA.,The Board has also remanded the cases to determine appropriate effective dates for these benefits.

The Board granted an initial rating of 40 percent for radiculopathy in both the left and right lower extremities.

The Veteran's ratings for right and left lower extremity radiculopathy of the sciatic and femoral nerves were granted at a 20 percent rating from January 29, 2018 to December 10, 2021.

The Veteran's earlier effective date claims for hypertension, obstructive sleep apnea, diabetes mellitus, diabetic nephropathy, right lower extremity sciatic peripheral neuropathy, and left lower extremity sciatic peripheral neuropathy have been remanded due to the need for further action.,For hypertension, an earlier effective date is denied as it predates the Veteran's initial claim on October 1, 2022.,For obstructive sleep apnea, an earlier effective date is denied as it predates the Veteran's intent to file a claim in May 2016.,For diabetes mellitus, type II, an earlier effective date is denied as it predates the Veteran's initial claim on September 20, 2011.,For diabetic nephropathy, an earlier effective date is denied as it predates December 18, 2017 when entitlement first arose.,For right lower extremity sciatic peripheral neuropathy and left lower extremity sciatic peripheral neuropathy, earlier effective dates are remanded due to the need for further review of the evidence.