Citation Nr: 18158836 Decision Date: 12/18/18 Archive Date: 12/17/18 DOCKET NO. 16-47 043 DATE: December 18, 2018 ORDER Entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the thoracolumbar spine is denied. Entitlement to an initial rating in excess of 10 percent for peripheral neuropathy of the lower left extremity sciatic nerve is denied. FINDINGS OF FACT 1. The Veteran’s thoracolumbar spine disability most nearly approximated forward flexion of the thoracolumbar spine at 70 degrees and a combined range of thoracolumbar spine motion at 220 degrees. 2. The medical evidence demonstrates mild radiculopathy of the lower left extremity. Moderate radiculopathy is not shown. CONCLUSIONS OF LAW 1. The criteria for entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the thoracolumbar spine have not been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.71a, Diagnostic Code 5242 (2017). 2. The criteria for an initial rating in excess of 10 percent for the Veteran’s service-connected peripheral neuropathy of the lower left extremity sciatic nerve are not met. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.124a, Diagnostic Code 8520 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1982 to July 1987. These matters come to the Board of Veterans’ Appeals from a rating decision from a Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. 1. Entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the thoracolumbar spine. The Veteran seeks a higher evaluation for his thoracolumbar spine disability, currently rated as 10 percent disabling under 38 C.F.R. § 4.71a, Diagnostic Code 5242. The AOJ assigned a 10 percent disability rating based upon limitation of motion. A 20 percent disability rating is assigned when there is forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, or with a combined range of motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. A December 2014 VA examination recorded the Veteran’s forward flexion of the thoracolumbar spine at 70 degrees. At that examination, the Veteran’s combined range of motion was recorded at 220 degrees. Additionally, the examination made no findings of scoliosis, reversed lordosis, or abnormal kyphosis. The Board finds the VA examiner competent to measure the range of motion for the Veteran’s spine and to evaluate his condition because of the examiner’s education and experience. Similarly, the Board finds the VA examiner credible because their findings are consistent with the rest of the Veteran’s record. Accordingly, the Board affords this medical evidence significant weight because there is no conflicting medical or lay evidence on the record. The Veteran has argued that his condition should be rated as high as 40 percent. However, he has not provided any argument as to how his symptoms manifest those listed in the rating criteria to warrant a higher rating. Further, the Veteran has not argued that his condition has worsened since the time of the applicable rating decision. Without any lay or medical evidence supporting entitlement to a higher rating, the Board cannot award an initial rating higher than 10 percent for the Veteran’s degenerative arthritis of the thoracolumbar spine. The Board also notes that in a September 2016 statement to the Board, the Veteran challenged the adequacy of his December 2014 VA examination. Specifically, the Veteran contends that during his examination, he only answered the nurse’s questions and that his range of motion was not measured. A review of the December 2014 VA examination shows that the Veteran’s range of motion was measured, providing the results stated above. There are no other indications from a review of the record or contentions from the Veteran that this VA examination should be found inadequate. The examiner reviewed the Veteran’s past medical history, recorded his current complaints, conducted appropriate evaluations of the Veteran, and rendered appropriate diagnoses and opinions consistent with the remainder of the evidence of record. Therefore, the Board finds the Veteran’s December 2014 examination to be adequate. 2. Entitlement to an initial rating in excess of 10 percent for peripheral neuropathy of the lower left extremity sciatic nerve. The Veteran also seeks a higher evaluation for his peripheral neuropathy of the lower left extremity sciatic nerve, currently rated as 10 percent disabling under 38 C.F.R. § 4.124a, Diagnostic Code 8520. Diagnostic Code 8520 provides the rating criteria for paralysis of the sciatic nerve. Mild incomplete paralysis of the sciatic nerve warrants a 10 percent rating. A 20 percent rating requires moderate incomplete paralysis of the sciatic nerve. The term “incomplete paralysis” with peripheral nerve injuries indicates a degree of loss or impaired function substantially less than the type pictured for complete paralysis given with each nerve, whether due to the varied level of the nerve lesion or to partial regeneration. When the involvement is wholly sensory, the rating should be for mild, or at most, the moderate degree. During a December 2014 VA examination, the examiner evaluated the Veteran’s symptoms associated with radiculopathy of the lower extremities. The VA examiner found that the Veteran did not have constant pain, had moderate intermittent pain, had mild paresthesias and/or dysesthesias, and mild numbness of the lower left extremity. Accordingly, the VA examiner concluded that the Veteran’s symptoms related to neuropathy of the lower left extremity sciatic nerve were mild. The Board, finding this evidence competent, credible, and of significant weight, concludes that the RO appropriately rated the Veteran’s condition at 10 percent disabling. This is because the VA examiner found the Veteran’s radiculopathy symptoms to be mild. A higher rating of 20 percent requires a finding of moderate   severity. Accordingly, the Veteran’s claim for entitlement to a rating in excess of 10 percent is denied. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Hebert, Law Clerk