Entitlement to an effective date earlier than September 19, 2013, for the grant of entitlement to service connection for right lower extremity radiculopathy (sciatic nerve) is denied.

Citation Nr: A26069997 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 220425-239817 DATE: July 30, 2026 ORDER Entitlement to an effective date earlier than September 19, 2013, for the grant of entitlement to service connection for right lower extremity radiculopathy (sciatic nerve) is denied. Entitlement to an effective date earlier than September 19, 2013, for the grant of entitlement to service connection for left lower extremity radiculopathy (sciatic nerve) is denied. Entitlement to an effective date earlier than November 7, 2017, for the grant of entitlement to service connection for right lower extremity radiculopathy (femoral nerve) is denied. Entitlement to an effective date earlier than November 7, 2017, for the grant of entitlement to service connection for left lower extremity radiculopathy (femoral nerve) is denied. Entitlement to an initial rating in excess of 10 percent prior to July 11, 2016, for right lower extremity radiculopathy (sciatic nerve) is denied. Entitlement to a 20 percent rating, but not higher, from July 11, 2016, to November 6, 2017, for right lower extremity radiculopathy (sciatic nerve) is granted. Entitlement to a rating in excess of 20 percent from November 7, 2017, for right lower extremity radiculopathy (sciatic nerve) is denied. Entitlement to an initial rating in excess of 10 percent prior to July 11, 2016, for left lower extremity radiculopathy (sciatic nerve) is denied. Entitlement to a 20 percent rating, but not higher, from July 11, 2016, to November 6, 2017, for left lower extremity radiculopathy (sciatic nerve) is granted. Entitlement to a rating in excess of 20 percent from November 7, 2017, for left lower extremity radiculopathy (sciatic nerve) is denied. FINDINGS OF FACT 1. VA received the Veteran's claim for entitlement to service connection for radiculopathy on September 19, 2013, which in accordance with the facts found, is not earlier than one year prior to the date of the receipt of the Veteran's application for service connection received on September 19, 2014. 2. There is evidence that the Veteran's right and left lower extremity radiculopathy arose on September 19, 2013; however, there is no evidence of radiculopathy involving the femoral nerve until November 7, 2017. 3. Prior to July 11, 2016, the Veteran's right and left lower extremity radiculopathy (sciatic nerve) were productive of symptoms that were no more than mild. 4. Beginning July 11, 2016, the Veteran's right and left lower extremity radiculopathy (sciatic nerve) were productive of symptoms that were no more than moderate. CONCLUSIONS OF LAW 1. The criteria for an effective date earlier than September 19, 2013, for the grant of entitlement to service connection for right lower extremity radiculopathy (sciatic nerve) have not been met. 38 U.S.C. § 5110 (2024); 38 C.F.R. §§ 3.114, 3.155, 3.400 (2025). 2. The criteria for an effective date earlier than September 19, 2013, for the grant of entitlement to service connection for left lower extremity radiculopathy (sciatic nerve) have not been met. 38 U.S.C. § 5110 (2024); 38 C.F.R. §§ 3.114, 3.155, 3.400 (2025). 3. The criteria for an effective date earlier than November 7, 2017, for the grant of entitlement to service connection for right lower extremity radiculopathy (femoral nerve) have not been met. 38 U.S.C. § 5110 (2024); 38 C.F.R. §§ 3.114, 3.155, 3.400 (2025). 4. The criteria for an effective date earlier than November 7, 2017, for the grant of entitlement to service connection for left lower extremity radiculopathy (femoral nerve) have not been met. 38 U.S.C. § 5110 (2024); 38 C.F.R. §§ 3.114, 3.155, 3.400 (2025). 5. The criteria for an initial rating in excess of 10 percent prior to July 11, 2016, for right lower extremity radiculopathy (sciatic nerve) have not been met. 38 U.S.C. § 1155 (2024); 38 C.F.R. § 4.124a, Diagnostic Code 8520 (2025). 6. The criteria for a 20 percent rating, but not higher, from July 11, 2016, to November 6, 2017, for right lower extremity radiculopathy (sciatic nerve) have been met. 38 U.S.C. § 1155 (2024); 38 C.F.R. § 4.124a, Diagnostic Code 8520 (2025). 7. The criteria for a rating in excess of 20 percent from November 7, 2017, for right lower extremity radiculopathy (sciatic nerve) have not been met. 38 U.S.C. § 1155 (2024); 38 C.F.R. § 4.124a, Diagnostic Code 8520 (2025). 8. The criteria for an initial rating in excess of 10 percent prior to July 11, 2016, for left lower extremity radiculopathy (sciatic nerve) have not been met. 38 U.S.C. § 1155 (2024); 38 C.F.R. § 4.124a, Diagnostic Code 8520 (2025). 9. The criteria for a 20 percent rating, but not higher, from July 11, 2016, to November 6, 2017, for left lower extremity radiculopathy (sciatic nerve) have been met. 38 U.S.C. § 1155 (2024); 38 C.F.R. § 4.124a, Diagnostic Code 8520 (2025). 10. The criteria for a rating in excess of 20 percent from November 7, 2017, for left lower extremity radiculopathy (sciatic nerve) have not been met. 38 U.S.C. § 1155 (2024); 38 C.F.R. § 4.124a, Diagnostic Code 8520 (2025). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active military service from December 1986 to April 1987, January 1988 to January 1992, January 1993 to November 1996, May 2004 to November 2005, and July 2006 to June 2008. These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2021 rating decision issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In the April 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the hearing docket. On October 14, 2025, the Veteran withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the September 2021 rating decision on appeal, as well as any evidence submitted by the Veteran [or representative] within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801 (2025). If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501 (2025). If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Effective Dates The Veteran claims that he should be granted an effective date earlier than September 19, 2013, for the grants of entitlement to service connection for right and left lower extremity radiculopathy (sciatic nerve). Prior to September 19, 2013, the Veteran was granted entitlement to service connection for myofascial l-s syndrome (claimed as low back condition) in a January 2014 legacy rating decision. However, the Veteran did not appeal the downstream initial rating assigned and, as such, a claim for entitlement to service connection for any associated objective neurologic abnormalities could not be reasonably inferred. 38 C.F.R. § 4.71a, General Rating Formula for Disease and Injuries of the Spine, Note (1). Furthermore, the record does not contain evidence that the Veteran filed a service connection claim for radiculopathy prior to September 19, 2013. Regarding the date entitlement arose, the record shows that the Veteran was afforded a VA examination in October 2014. The Veteran reported experiencing pain radiating down the anterior and lateral thigh and leg, with associated paresthesias of all right toes over the past two years. Further, the Veteran's straight leg test results were positive for his right and left legs. While the examiner diagnosed the Veteran with right lower extremity radiculopathy, s/he did not indicate the nerve root involved. Subsequently, VA examiners diagnosed the Veteran with bilateral lower extremity radiculopathy involving the sciatic nerve in July 2016, and bilateral lower extremity radiculopathy involving the femoral nerve in November 2017. Resolving reasonable doubt in the Veteran's favor, the Board finds under all the facts found that the Veteran had manifestations of bilateral lower extremity radiculopathy involving the sciatic nerve prior to or at the time of his service connection claim for radiculopathy. There is no evidence that the Veteran's radiculopathy involved the femoral nerve until November 2017. McGrath v. Gober, 14 Vet. App. 28, 35 (2000). Accordingly, the Board notes that the accurate effective date for right and left lower extremity radiculopathy (sciatic nerve) would be September 19, 2013, which is fixed in accordance with the facts found. The Board notes that the effective date of September 19, 2013, is not earlier than one year prior to the date of the receipt of the Veteran's application for service connection received on September on September 19, 2014. See 38 U.S.C. § 5110(b)(2)(A). The accurate effective dates for right and left lower extremity radiculopathy (femoral nerve) would be November 7, 2017, which is the later of the date of claim and the date entitlement arose. Therefore, the claims for earlier effective dates are without legal merit. Sabonis v. Brown, 6 Vet. App. 426 (1994). As such, the Board finds that earlier effective dates for the grants of entitlement to service connection for right and left lower extremity radiculopathy (sciatic and femoral nerves) are not warranted. Increased Ratings The Veteran contends that his service-connected right and lower extremity radiculopathy (sciatic nerve) are worse than that contemplated by the currently assigned ratings. His right and left lower extremity radiculopathy (sciatic nerve) are currently rated disabling pursuant to Diagnostic Code 8520. 38 C.F.R. § 4.124a. In October 2014, the Veteran presented for a VA back examination. He reported a two-year history of pain radiating down his anterior and lateral thigh/leg with associated paresthesias in all right toes. The examiner indicated that the Veteran experienced moderate pain and mild paresthesias/dysesthesias of the right lower extremity. However, straight leg test results were positive on the Veteran's right and left leg. The examiner concluded that the Veteran had moderate right lower extremity radiculopathy. In July 2016, the Veteran underwent a VA back examination. He reported radiating pain into his legs and feet. The examiner indicated that the Veteran experienced mild pain and mild paresthesias/dysesthesias of the right and left lower extremities. Deep tendon reflexes (DTRs) were hypoactive in the Veteran's right and left knee. He had decreased sensation of the left lower leg/ankle and foot/toes. Straight leg test results were positive, bilaterally. The examiner determined that the Veteran had mild, incomplete paralysis involving the sciatic nerve, right and left lower extremities. In November 2017, the Veteran reported for an additional VA back examination. He described lower extremity pain. The examiner indicated that the Veteran experienced mild to moderate pain, moderate paresthesias/dysesthesias, and moderate numbness of the right and left lower extremities. The Veteran's muscle strength was reduced in his lower extremities; but there was no atrophy. DTRs were hypoactive, bilaterally. He had decreased sensation of the lower extremities. Straight leg test results were positive, bilaterally. The examiner determined that the Veteran had moderate, incomplete paralysis involving the sciatic nerve, right and left lower extremities. Resolving reasonable doubt in the Veteran's favor, the Board finds that the Veteran is entitled to a higher staged rating. The medical and lay evidence show distinct times where the Veteran's right and lower extremity radiculopathy (sciatic nerve) exhibited symptoms that would warrant different ratings. From July 11, 2016, the Veteran demonstrated more than wholly sensory findings, to include hypoactive DTRs and/or reduced muscle strength. 38 C.F.R. § 4.124a, Diagnostic Code 8520. Therefore, the weight of the evidence shows that the Veteran's right and lower extremity radiculopathy (sciatic nerve), was, at worst, moderate, beginning July 11, 2016. Id. However, prior to July 11, 2016, the Veteran demonstrated no more than sensory deficits, to include moderate pain, mild paresthesias/dysesthesias, and/or positive straight leg tests. The Board has considered assigning higher ratings. Although the Board is not bound by VA's Adjudication Procedures Manual (M21-1), the M21-1 provides benchmarks for severe peripheral nerve conditions. See Overton v. Willkie, 30 Vet. App. 257, 263-64 (2018). However, there is no lay or medical evidence of record that the Veteran has incomplete paralysis involving motor and/or reflex impairment (atrophy, weakness, or diminished or hyperactive reflexes) at a grade reflecting a high to very high level of limitation or disability, with or without the presence of atrophy. M21-1, V.iii.12.A.2.c. Moreover, the VA examination reports did not reflect moderately sever or severe incomplete paralysis of the sciatic nerve. 38 C.F.R. § 4.124a. (Continued on the next page) ? Therefore, entitlement to initial ratings in excess of 10 percent prior to July 11, 2016, for right and left lower extremity radiculopathy (sciatic nerve) is not warranted. However, entitlement to a 20 percent rating, but not higher, beginning July 11, 2016, for each right and left lower extremity (sciatic nerve) are warranted. 38 U.S.C. § 5107(b); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc). Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Ware, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.