Radiculopathy & sciatica Board decisions

The Veteran's radiculopathy, lower extremity, right and left, is granted an increased rating of 20 percent from November 10, 2019.,The Veteran's degenerative arthritis of the spine is granted an increased rating of 20 percent from November 10, 2019.

The Board dismissed the Veteran's claims for service connection for various conditions as the appeal was not timely filed and concurrent elections are prohibited.

The Board has dismissed all the claims related to various disabilities, including psychiatric disorders, hypothyroidism, neck disability, right upper extremity radiculopathy, left shoulder brachial plexus neuropraxia, and right knee disability.

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The Board has decided to remand the case due to inadequate compliance with prior remand directives and a need for an in-person examination.

The Board has granted service connection for a cervical spine (neck) disorder and a lumbar spine (lower back) disorder, finding that these conditions are related to the Veteran's military service.

The Veteran's appeals for increased ratings have been remanded due to the need for additional examinations to address functional impairment and range of motion during flare-ups and after repeated use.

The Veteran was granted a TDIU prior to August 23, 2023, due to his service-connected disabilities preventing him from obtaining and maintaining gainful employment. The issue of TDIU beginning on or after August 23, 2023, is moot as the Veteran has been in receipt of a combined 100% rating.

The Veteran's claims for increased ratings and TDIU have been dismissed due to the death of the appellant.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's low back disability, which is related to service.

The Veteran's bilateral hearing loss is granted as service-connected due to noise exposure during active duty.,The right knee disability and low back disability are remanded for further development, including obtaining a VA examination and medical opinion.,The sciatic radicular pain of the right leg is also remanded for further development, including obtaining a VA examination and medical opinion.

The Veteran was granted service connection for radiculopathy of the left upper extremity, right upper extremity, left lower extremity, and right lower extremity with respective ratings of 20%, 20%, 10%, and 10%.,Effective dates were set at June 28, 2016 for radiculopathy of the left and right upper extremities and October 19, 2016 for radiculopathy of the left and right lower extremities.

The Veteran's need for regular aid and attendance is due to service-connected disabilities, leading to the grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of being housebound is dismissed as moot.

The Board has granted effective dates of September 26, 2019 for the award of service connection for bilateral lower extremity sciatic nerve radiculopathy.

The Veteran's appeals for increased ratings and earlier effective dates were dismissed due to the Veteran's representative requesting withdrawal of the appeal.

The Board has determined that additional examinations are needed to address the Veteran's claims for service connection due to deficiencies in previous examination reports and failure to evaluate certain disorders.

The Board has determined that the severance of service connection for right lower extremity radiculopathy was improper, and restored the original rating.

The Board has remanded the claims for additional development to address pre-decisional errors and obtain medical opinions regarding the severity of the appellant's radiculopathy and scarring, as well as when these conditions first manifested.

The Board has granted eligibility for attorney fees in the amount of 20% of past-due benefits awarded in a December 2022 rating decision, as the appellant provided representation after notice of the initial August 2020 rating decision and the AOJ found clear and unmistakable error (CUE) in previous decisions.

The Veteran's back disability is rated at 40 percent from April 7, 2014, to October 31, 2014, and in excess of 20 percent thereafter. The rating for bladder incontinence remains at 40 percent after January 8, 2020.