Radiculopathy & sciatica Board decisions

The Board granted increased disability ratings of 40 percent and 20 percent for left lower extremity radiculopathy (sciatic nerve) from August 27, 2021, but denied increased ratings for other conditions.

The Board denied the Veteran's claims for an earlier effective date for service connection for left and right upper extremity radiculopathy, as the evidence does not support an earlier effective date than March 17, 2014.

The Board denied an effective date prior to April 1, 2021 for the grant of service connection for a lumbar spine disability.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to obesity, as secondary to his service-connected disabilities. The evidence shows that the Veteran's OSA is related to his obesity, which was caused by his service-connected disabilities.

The Veteran's left lower extremity radiculopathy is rated at 20 percent effective May 23, 2021. The right lower extremity radiculopathy remains at a 10 percent rating.

The Board denied the Veteran's claim for an earlier effective date prior to August 25, 2009 for TDIU due to lack of evidence showing a qualifying disability and inability to secure or follow substantially gainful employment.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected back disability.

The Veteran's left lower extremity radiculopathy was restored to a 20% evaluation. The claims for bilateral ankle disability and foot disability are remanded.

The Board has determined that there were duty to assist errors in the adjudication of the Veteran's claims for increased rating and service connection. The issues are being remanded to correct these errors.

The Veteran is granted a 50% rating for degenerative arthritis of the lumbar spine with spinal stenosis, scoliosis, and IVDS, and 40% ratings each for radiculopathy of the sciatic nerve in both lower extremities.

The Veteran's initial ratings for left and right lower extremity radiculopathy were granted, with each receiving a rating of 20 percent.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for hiatal hernia with GERD was denied as the symptoms did not meet the criteria for a higher rating. Service connection claims for blepharitis, trichiasis, lumbosacral radiculopathy and piriformis syndrome, peripheral neuropathy of the right side, and peripheral neuropathy of the left side were also denied.

The Veteran is granted a TDIU effective August 7, 2020 due to service-connected disabilities. The issue of entitlement to a TDIU prior to that date is remanded for extraschedular consideration.

The Board has granted service connection for a low back disability, bilateral lower extremity radiculopathy, and a psychiatric disorder. The evidence supports the conclusion that these conditions are related to the Veteran's military service.,The VA examiner found no nexus between the claimed low back condition and service, while the private examiner concluded that the Veteran's physical job duties during service likely caused his back condition.

The Board has granted service connection for the Veteran's low back condition and bilateral lower extremity radiculopathy, finding that these conditions are related to his active service.

The Veteran's left lower extremity radiculopathy was granted service connection with an effective date of July 7, 2011.,An earlier effective date for the cervical spine scar is denied as it arose on January 28, 2013.

The Board has granted service connection for bilateral lower extremity radiculopathy associated with the Veteran's service-connected lumbosacral strain, effective from November 23, 2019.

The Veteran was unable to maintain substantially gainful employment due to service-connected disabilities from January 25, 2007 to July 23, 2008. The Board granted a TDIU for this period.

The Veteran's appeal for TDIU, DEA benefits, and SMC prior to October 2, 2017 was denied. The Board found that the Veteran did not meet the schedular criteria for a total disability rating based on individual unemployability during this period due to his service-connected disabilities. The Veteran also did not have a permanent total service-connected disability in effect prior to October 2, 2017. Effective April 19, 2021, but no earlier, the Veteran was granted SMC benefits based on individual unemployability.

The Veteran has withdrawn his appeals for the issues of service connection for various conditions, including bilateral hearing loss, tachycardia, chronic tonsillitis and adenoiditis status post surgery, Brugada syndrome, adverse effect of selective serotonin and norepinephrine reuptake inhibitors, radiculopathy in the left lower extremity, and radiculopathy in the right lower extremity. The appeal is dismissed.