Radiculopathy & sciatica Board decisions

The Board has determined that the grant of service connection for various conditions was clearly and unmistakably erroneous due to a lack of qualifying active duty, resulting in denial of the appeal.

The Veteran's service-connected low back disability and unspecified depressive disorder with alcohol and cocaine abuse rendered him unable to maintain gainful employment prior to February 11, 2020. The Board granted his claim for a TDIU.

The Veteran's back disability, left and right hip strains, and adjustment disorder are all granted. The rating for the hip strains is set at 40 percent each.

The Veteran's service-connected disabilities require the care or assistance of another on a regular basis, and the Board has granted entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board has granted the appellant's claims for service connection for a lumbar spine disability, left leg sciatic nerve disability, and right leg sciatic nerve disability, all related to his service-connected knee disabilities.

The Board has granted the Veteran's request to readjudicate her claim for service connection for left lower extremity sciatica, finding that new and relevant evidence supports this decision. The Veteran was diagnosed with sciatica in service and continues to experience symptoms of sciatica today.

The Veteran's radiculopathy of the left lower extremity sciatic nerve is rated at a 20 percent disability level, effective March 5, 2013.

The Board has denied the Veteran's claims for service connection for lumbar spine disability and left lower extremity radiculopathy, including as secondary to a service-connected condition. The decision found that there was no in-service injury or disease related to these conditions, and thus service connection is not warranted.

The Veteran's claims for service connection for left knee, right knee, and hip conditions are dismissed. Service connection is granted for peripheral neuropathy of the bilateral lower extremities due to exposure to herbicide agents. The claim for low back disability is remanded.

The Board has decided to remand the case due to inadequate VA examinations and a need for further evaluation of the Veteran's degenerative arthritis of the spine, including an assessment of lumbar radiculopathy.

The Board has granted effective dates of February 26, 2019 for the grant of service connection and separate ratings for right lower extremity radiculopathy affecting the femoral nerve, left lower extremity radiculopathy affecting the femoral nerve, and left lower extremity radiculopathy affecting the sciatic nerve.

The Veteran's left and right lower extremity radiculopathy were granted a disability rating of 20 percent from February 18, 2020 to February 23, 2023.,A disability rating in excess of 50 percent for the low back disability was denied.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Veteran's claims for service connection for headaches, sinusitis, and IBS have been granted. The claim for a back disability is remanded.,The Veteran's claims for increased ratings for his right shoulder and right knee disabilities are remanded.

The Board has granted the Veteran's claims for service connection for degenerative disc disease, lumbosacral spine (DDD spine), right leg radiculopathy, and left leg radiculopathy. The decision is based on credible statements from the Veteran regarding his combat injuries and a positive nexus opinion from his treating physician's assistant.

The Veteran's claim for SMC at the housebound rate prior to November 4, 2013 was denied as he did not have a single service-connected disability rated at 100 percent before that date.

The Veteran's cervical spine strain with IVDS, left upper extremity radiculopathy, right upper extremity radiculopathy, right shoulder strain with impingement syndrome, and left knee strain with patellofemoral pain syndrome and status post knee cartilage restoration surgery are all granted.,Service connection is established for these conditions based on their onset during active service.

The Veteran's claim for an increased disability rating for left lower extremity radiculopathy, sciatic nerve was received on October 2, 2018. The effective date of the 20% disability rating is set to October 2, 2018.

The Board has determined that the VA examination and opinion provided were inadequate for rating purposes, as they did not consider prior in-service medical treatment and did not describe the disabilities in sufficient detail. The Board also found pre-decisional duty to assist errors regarding obtaining private treatment records and an adequate examination.

The Veteran's spine disability and left lower extremity radiculopathy were evaluated at a 10 percent rating, which is the maximum schedular evaluation available for these conditions.