Radiculopathy & sciatica Board decisions

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The issues are related to neck condition, bilateral upper extremity radiculopathy, and bilateral knee condition.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of January 25, 2008.

The Board has remanded the claims for sciatic radiculopathy and femoral radiculopathy due to confusion caused by conflicting evidence regarding muscle atrophy in the Veteran's right calf.

The Veteran is granted an effective date of October 26, 2008 for the award of both an extraschedular TDIU and basic eligibility for DEA benefits under chapter 35 due to his service-connected disabilities.

The Veteran's service connection claim for chronic kidney disease and degenerative disc disease of the thoracolumbar spine was denied. The Board also remanded claims for increased ratings for radiculopathy in both lower extremities.

The Board has ordered the VA to seek additional records and complete certain tasks related to the Veteran's claims for increased ratings of his back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board dismissed the appeal as it was improperly docketed and service connection for the claimed conditions has already been established in a previous decision.

The Veteran's claims for service connection are remanded due to the submission of additional issues not addressed in previous AOJ decisions. The TERA exposure and development is also required.

The Board has remanded the claims for TDIU and DEA benefits due to service-connected disabilities, as there is a duty-to-assist error regarding a private vocational opinion submitted in February 2014. The Veteran's entitlement to an extra-schedular TDIU prior to March 1, 2011, will be referred to the Director of Compensation for consideration.

The Veteran's bilateral hearing loss and left ankle condition were denied as there is no evidence of current disabilities.,The Veteran's degenerative arthritis, cervical spine condition, and sciatic nerve condition were also denied as the evidence does not support a connection to service.

The Veteran's death was not caused by a service-connected disability, and he did not meet the requirements for DIC under 38 U.S.C. § 1318 or service connection for cause of death.

The Veteran's service-connected disabilities rendered him unemployable, and the Board granted his TDIU claim from March 22, 2014.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability, finding that the evidence supports a link between his back condition and his leg pain.

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

The Veteran's radiculopathy of the right and left lower extremities, as well as instability of her left knee, have been granted effective from October 21, 2015.,Earlier effective dates for these conditions are also granted.

The Veteran's service-connected conditions, including right upper extremity radiculopathy with muscle atrophy, major depressive disorder, and other disabilities, have rendered him in need of regular aid and attendance due to his inability to dress or undress himself, prepare meals, attend to the wants of nature, and require assistance for driving. The Board has determined that SMC based on the need for regular aid and attendance is warranted.

The Veteran's appeals for a higher rating for radiculopathy of the right upper extremity, left ear hearing loss, and chronic bronchitis have been dismissed. A 10 percent rating is granted for a painful scar of the left index finger.

The Veteran is granted a TDIU due to PTSD alone, effective June 28, 2020.,SMC at the housebound rate was granted as of July 28, 2020, based on his service-connected disabilities combined independently rating at 60 percent or more.,Prior to July 28, 2020, SMC was not warranted due to insufficiently rated service-connected disabilities.

The Board denied service connection for thoracolumbar spine condition, right lower extremity radiculopathy, left lower extremity radiculopathy, and left ankle condition.,Service connection was not granted as the evidence did not support a finding that these conditions began during active service or were related to an in-service injury or disease.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to April 10, 2018. The Board has determined that an effective date earlier than April 10, 2018 is not warranted for the grant of a TDIU on a schedular basis and has remanded the case for referral to VA's Director of Compensation Service for extraschedular consideration.