Radiculopathy & sciatica Board decisions

The Veteran's claims for insomnia and a disability manifested by chronic fatigue are being remanded as the Board is unable to make a decision based on the current evidence.,Additional information or medical evidence may be needed to determine whether the Veteran's insomnia and/or chronic fatigue are related to his service-connected conditions.

The Veteran's claims for effective dates prior to August 3, 2011 were denied as the earliest possible effective date is the date of receipt of her claim.,An earlier effective date for service connection was not granted due to lack of a formal or informal claim within one year of discharge from service.

The Veteran's claim for service connection for a bilateral foot condition, including aggravation of a pre-existing condition, is denied. The Board finds the persuasive evidence of record does not support the claim.,The Veteran's claim for an increased rating for left arm radiculopathy is denied. The current 20% rating adequately reflects the severity of his disability.

The Board has granted the Veteran's claim for SMC based on aid and attendance, but dismissed the claim for SMC based on housebound status due to the grant of SMC at the aid and attendance rate.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing (SAH) or special home adaptation (SHA) grants due to his combined rating of 90 percent, which does not include anatomical loss or use of both hands or feet, and does not result in a permanent total disability that precludes locomotion without aids such as braces, crutches, canes, or wheelchair.

The Veteran's radiculopathy of the left lower sciatic nerve is not productive of moderately severe or severe incomplete paralysis, and thus he does not meet the criteria for an evaluation in excess of 20 percent.,Similarly, his radiculopathy of the left lower femoral nerve also does not meet the criteria for an evaluation in excess of 20 percent due to moderate incomplete paralysis.,The Veteran's lumbar spine disability is remanded for additional examination and analysis.

The Veteran's back brace caused wear and tear on his clothing, but he does not have a service-connected elbow disability or skin condition requiring the use of topical steroid cream. The Board has granted an annual clothing allowance for the back brace in 2020.

The Veteran's right lower extremity balance impairment/radiculopathy of the sciatic nerve is granted a 40 percent rating, effective July 14, 2016. The Veteran's cerebellar ataxia with dysarthria and cerebellar atrophy is also granted an initial 10 percent rating from July 14, 2016.

The Board has denied the Veteran's claims for service connection for headaches, neck scar, and radiculopathy of the LUE as there is no current disability established.

The Board dismissed the appeals for earlier effective dates and service connection claims due to the Veteran's death.

The Veteran's right lower extremity radiculopathy is currently rated at 40 percent disabling, effective May 19, 2021. The appeal for a higher rating remains pending.

The Veteran's disability ratings for degenerative arthritis of the spine and bilateral lower extremity radiculopathy were reduced from 20% to 10%, but these reductions are found to be improper due to lack of improvement in function.

The Veteran's appeals for earlier effective dates for increased ratings on several service-connected conditions are dismissed as the claims were filed under a legacy system and not the AMA.

The Veteran's appeal is remanded for additional examinations to address the severity of his neurological disabilities and right knee disability, as well as to clarify whether he has instability in his right knee.

The Veteran has withdrawn his appeals for increased ratings and effective dates, as well as service connection claims related to sciatica, degenerative disc disease, adjustment disorder, right shoulder impingement syndrome, and heart condition secondary to weight gain.

The Veteran's cervical spine degenerative disc disease and radiculopathy are currently rated at the maximum allowed, and no higher rating is warranted.,The Veteran's left upper extremity radiculopathy is also rated at the maximum allowed, and no higher rating is warranted.

The Veteran's claims for increased ratings of her service-connected back disability and bilateral lower extremity radiculopathy have been denied. The current ratings are higher than the requested increases.

The Veteran's left ear hearing loss was not granted a compensable rating.,For the period from March 23, 2017, to April 27, 2018, the Veteran received a maximum schedular rating for IBS under Diagnostic Code 7319. For the period since April 27, 2018, the Veteran's IBS has been manifested by moderate symptomatology with frequent episodes of bowel disturbance.,The Veteran's sinusitis did not meet criteria for an increased rating as it was not characterized by incapacitating episodes or a history of sinus surgery.,The calluses on the bilateral feet were not painful and collectively measured less than 144 sq. in., thus not meeting criteria for an increased rating.,Right and left knee disabilities have been manifested by findings of limitation of flexion resulting in additional functional loss, but did not meet criteria for a higher rating as they are already at the maximum schedular rating under Diagnostic Code 5260.,The Veteran's right knee instability was granted an initial 30 percent rating and left knee instability was granted an initial 10 percent rating based on moderate recurrent lateral instability.,Radiculopathy of the bilateral lower extremities has been rated at 20 percent, consistent with moderate incomplete paralysis of the sciatic nerve.,The Veteran's TMJ disability is related to a service-connected disability and thus granted service connection.,Crohn's Disease was not found to be incurred or aggravated during service.,Respiratory disability and sleep apnea were not found to be incurred or aggravated during service.,Right and left ankle disabilities were not shown in service and are not otherwise related to service.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions provided by VA examiners regarding the nature and etiology of his bilateral plantar fasciitis and pes planus disabilities. The claims are related as they both involve foot conditions potentially linked to service.

The Veteran's request for an extension of the delimiting date for his Post-9/11 GI Bill educational assistance benefits beyond December 1, 2018 is granted due to medical infeasibility caused by various disabilities.