Radiculopathy & sciatica Board decisions

The Veteran's appeal was granted due to the VA not sending the SOC to the correct representative, which effectively deprived him of representation. The 60-day timeliness requirement for filing a substantive appeal is waived.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for left and right lower extremity femoral nerve radiculopathy effective September 3, 2019. The Veteran's claim was initially denied in March 2016 but reopened due to new evidence submitted by the Veteran.

The Veteran's service-connected right upper and lower extremity disabilities have resulted in loss of use, warranting SMC at the (m) rate.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU benefits.

The Board has remanded the Veteran's claims for service connection for various spinal and extremity conditions due to procedural issues. Further development is needed, including VA examinations.

The Board has restored the previously assigned 40 percent rating for the lumbar spine disability and the previously assigned 20 percent rating for the RLE radiculopathy, effective October 1, 2021.,The reduction in ratings was improper as there is no evidence of actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Veteran's initial rating claims for various conditions have been denied. The appeal is remanded for further evaluation of his lumbosacral strain and left ankle disability.

The Veteran's claim for service connection for lumbosacral strain with degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy has been granted with effective dates of March 7, 1981, February 13, 2014, and February 13, 2014 respectively.

The Veteran's TDIU and DEA benefits were granted with an effective date of May 12, 2014, based on her service-connected disabilities.

The Veteran's radiculopathy of the right lower extremity was granted an effective date of October 23, 2019 for a 40 percent disability rating.

The Veteran's service-connected disabilities result in loss of use of the hand and/or foot for the purposes of financial assistance for an automobile or other conveyance and adaptive equipment, or adaptive equipment only. The claim is granted.

The Veteran's service-connected lumbar strain, left and right lower extremity radiculopathy have resulted in the permanent loss of use of his feet. The Board granted basic eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment.

The Board has denied service connection for left and right lower extremity radiculopathy, but has remanded the issue of whether the Veteran has a headache disorder and if so, whether it is aggravated by a service-connected disability.

The Board dismissed the appeals for a disability rating in excess of 10 percent for left lower extremity radiculopathy sciatic nerve, service connection for dizziness and lightheadedness (claimed as vertigo), and service connection for right shoulder disability due to the Veteran's death.

The Veteran's service-connected disabilities, including back pain and radiculopathy, have rendered her unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined rating of 90% for these conditions.

The Veteran's claim for an earlier effective date for service connection of left lower extremity sciatic radiculopathy was denied as the application was received more than one year after his intent to file, and thus the effective date must be the date of receipt of the application.

The Board has determined that an effective date prior to June 5, 2019, is not warranted for the grant of service connection for right and left femoral nerve radiculopathy. The Veteran's lumbar spine disability was rated at 20 percent since June 5, 2019.

The Veteran's service-connected disabilities do not render him helpless or in need of regular aid and attendance, thus denying his claim for special monthly compensation based on housebound status or permanent need for aid and attendance.

The Board has remanded the issues of TDIU, DEA, and a higher rating for right lower extremity radiculopathy due to unresolved procedural or evidentiary issues.