Citation Nr: 21067849 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 20-27 847 DATE: November 5, 2021 ORDER Entitlement to an initial rating in excess of 10 percent prior to August 2, 2021 and in excess of 20 percent thereafter for degenerative arthritis of the lumbar spine is denied. Entitlement to an initial rating in excess of 10 percent prior to May 21, 2020 for radiculopathy of the right lower extremity affecting the sciatic nerve is denied. Entitlement to a rating of 20 percent from May 21, 2020 for radiculopathy of the right lower extremity affecting the sciatic nerve is granted. Entitlement to an initial rating in excess of 10 percent prior August 2, 2021 and in excess of 20 percent thereafter for radiculopathy of the left lower extremity affecting the sciatic nerve is denied. Entitlement to an initial rating in excess of 20 percent for radiculopathy of the left lower extremity affecting the femoral nerve is denied. Entitlement to an initial rating in excess of 20 percent for radiculopathy of the right lower extremity affecting the femoral nerve is denied. FINDINGS OF FACT 1. Prior to August 2, 2021, the Veteran's lumbar disability has manifested to full range of motion with pain. 2. From August 2, 2021, the Veteran's lumbar disability has not manifested to forward flexion of the thoracolumbar spine of 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine. 3. Prior to May 21, 2020, the Veteran sciatic nerve radiculopathy of the right lower extremity has only shown mild symptoms. 4. From May 21, 2020, the Veteran's sciatic nerve radiculopathy of the right lower extremity has manifested to more moderate symptoms. 5. Prior to August 21, 2021, the Veteran's sciatic radiculopathy of the left lower extremity has only manifested to mild symptoms. 6. From August 21, 2021, the Veteran's sciatic radiculopathy of the left lower extremity has only manifested to moderate symptoms and not moderately severe or severe symptoms with marked muscular atrophy. 7. The Veteran's femoral nerve radiculopathy of the bilateral lower extremities has not manifested to severe symptoms or complete paralysis. CONCLUSIONS OF LAW 1. The criteria for an initial rating in excess of 10 percent prior to August 2, 2021 and in excess of 20 percent thereafter for degenerative arthritis of the lumbar spine have not been met. 38 U.S.C. §§ 1155, 5103A, 5107; 38 C.F.R. § 4.71a, Diagnostic Code 5242. 2. The criteria for an initial rating in excess of 10 percent prior to May 21, 2020 for radiculopathy of the right lower extremity affecting the sciatic nerve have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 3.102, 3.321, 4.1, 4.2, 4.7, 4.124, 4.124a, Diagnostic Code 8520. 3. The criteria for a rating of 20 percent, but no higher, from May 21, 2020 for radiculopathy of the right lower extremity affecting the sciatic nerve have been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 3.102, 3.321, 4.1, 4.2, 4.7, 4.124, 4.124a, Diagnostic Code 8520. 4. The criteria to an initial rating in excess of 10 percent prior August 2, 2021 and in excess of 20 percent thereafter for radiculopathy of the left lower extremity affecting the sciatic nerve have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 3.102, 3.321, 4.1, 4.2, 4.7, 4.124, 4.124a, Diagnostic Code 8520. 5. The criteria for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity affecting the femoral nerve have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 3.102, 3.321, 4.1, 4.2, 4.7, 4.124, 4.124a, Diagnostic Code 8526. 6. The criteria for an initial rating in excess of 20 percent for radiculopathy of the right lower extremity affecting the femoral nerve have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 3.102, 3.321, 4.1, 4.2, 4.7, 4.124, 4.124a, Diagnostic Code 8526. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from August 1976 to September 1993. The lumber spine claim was brought before the Board in April 2021 and was remanded for further development. The Board notes that the Veteran has been provided a 100 percent rating from March 11, 2020 to May 1, 2020 for his surgery of the lumbar spine and subsequent convalescence. Therefore, for the periods discussed below, the Board is only addressing the periods on appeal that are before and after his surgery and convalescence. Increased Rating Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities. 38 C.F.R. Part 4. The Board determines the extent to which a veteran's service-connected disability adversely affects his/her ability to function under the ordinary conditions of daily life, and the assigned rating is based, as far as practicable, upon the average impairment of earning capacity in civil occupations. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.10 (2020). Where there is a question as to which of two ratings should be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. Generally, the degree of disabilities specified are considered adequate to compensate for considerable loss of working time from exacerbation or illness proportionate to the severity of the several grades of disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities and the criteria for specific ratings. However, the evaluation of the same disability under various diagnoses, known as pyramiding, is to be avoided. 38 C.F.R. § 4.14. Additionally, when an increase in the disability rating is at issue, it is the present level of disability that is of primary concern. See Francisco v. Brown, 7 Vet. App. 55, 58 (1994). In a claim for a greater original rating after an initial award of service connection, all of the evidence submitted in support of the veteran's claim is to be considered. See Fenderson v. West, 12 Vet. App. 119 (1999); 38 C.F.R. § 4.2. However, consideration must be given as to whether staged ratings should be assigned to reflect entitlement to a higher rating at any point during the pendency of the claim. See Fenderson v. West, 12 Vet. App. 119 (1999); see also Hart v. Mansfield, 21 Vet. App. 505 (2007). Further, when evaluating joint disabilities rated on the basis of limitation of motion, VA must consider granting a higher rating in cases in which functional loss due to pain, weakness, excess fatigability, or incoordination is demonstrated, and those factors are not contemplated in the relevant rating criteria. See 38 C.F.R. §§ 4.40, 4.45, 4.59; DeLuca v. Brown, 8 Vet. App. 202 (1995). The Court clarified that although pain may be a cause or manifestation of functional loss, limitation of motion due to pain is not necessarily rated at the same level as functional loss where motion is impeded. See Mitchell v. Shinseki, 25 Vet. App. 32 (2011). Instead, the Mitchell Court explained that pursuant to 38 C.F.R. §§ 4.40 and 4.45, the possible manifestations of functional loss include decreased or abnormal excursion, strength, speed, coordination, or endurance (38 C.F.R. § 4.40), as well as less or more movement than is normal, weakened movement, excess fatigability, and pain on movement (as well as swelling, deformity, and atrophy) that affects stability, standing, and weight-bearing (38 C.F.R. § 4.45). In evaluating the severity of a joint disability, VA must determine the overall functional impairment due to these factors. The provisions of 38 C.F.R. § 4.59, which relate to painful motion, are not limited to arthritis and must be considered when raised by the claimant or when reasonably raised by the record. Burton v. Shinseki, 25 Vet. App. 1 (2011). 1. Entitlement to an Increased Rating: Lumbar Spine The Veteran's service-connected lumbar spine disability is rated as 10 percent disabling prior to August 2, 2021 and as 20 percent thereafter under Diagnostic Code 5242 for Degenerative Arthritis. Under this diagnostic code, the disability is rated based on the General Rating Formula for Diseases and Injuries of the Spine. 38 C.F.R. § 4.71a, Diagnostic Code 5242. Under the General Rating Formula, a 10 percent rating is warranted for forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent or more of the height. 38 C.F.R. § 4.71a, DC 5242. A 20 percent disability rating is assigned for forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine 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 40 percent disability rating is assigned for forward flexion of the thoracolumbar spine to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine. A 50 percent disability rating is assigned for unfavorable ankylosis of the entire thoracolumbar spine. A 100 percent rating is warranted for unfavorable ankylosis of the entire spine. Id. The Board notes that portions of the rating schedule addressing the musculoskeletal system were revised, effective February 7, 2021. While Diagnostic Code 5242 was revised to pertain to "degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome," there were no substantive changes to the rating criteria under this diagnostic code. See Schedule for Rating Disabilities: Musculoskeletal System and Muscle Injuries, 85 Fed. Reg. 76543, 76463 (Nov. 30, 2020) (to be codified at 38 C.F.R. § 4.71a, Diagnostic Code 5242). Thus, the Board will continue with the review of the claim based on the current evidence of record. In August 2016, the Veteran was seen at his private physician office. The Veteran complained of low back and right leg pain. He reported his symptoms have been gradually escalating and are constant to some degrees and worsened with activity. The Veteran reported his problems are caused by lifting, bending, and pulling. He reported his symptoms as constant, aching, throbbing, nagging, and radiating. He said symptoms are worsened with activity/exercise, bending forward, sitting, weather changes, walking, and moving from a sitting to standing position. He reported his pain as currently a 7 out 10, with 10 being the worst, a 4 out of 10 at best, and a 9 out of 10 at its worst. The Veteran had pain with both flexion and extension of the lumbar spine. He had pain with lateral flexion bilaterally. There was no spinous process tenderness or sacro iliac joint tenderness. In December 2016, the Veteran attended a VA examination. The Veteran reported chronic pain and stiffness. The Veteran did not report flare-ups or any functional loss and/or impairment of the thoracolumbar spine. On examination, the Veteran's range of motion (ROM) was forward flexion to 90 degrees, extension to 20 degrees, right lateral flexion to 30 degrees, left lateral flexion to 20 degrees, and bilateral lateral rotation to 30 degrees. Range of motion itself did not contribute to functional loss. There was pain noted on examination during extension and left lateral flexion that caused functional loss. There was no pain on weight bearing. The Veteran was able to perform repetitive use testing and did not suffer additional loss after three repetitions. Pain, weakness, fatigability, or incoordination did not significantly limit functional ability with repeated use over time. There was no guarding or muscle spasms. The Veteran did not have any additional factors contributing to his disability. The Veteran still had full muscle strength and no muscle atrophy. The Veteran did not have ankylosis. The Veteran did not have intervertebral disc syndrome (IVDS). The Veteran did not have any need for assistive devices. Imaging studies showed the Veteran did not have a thoracic vertebral fracture with loss of 50 percent or more of height. In May 2017, the Veteran was seen by his private physician for his back pain. He reported there was some tightness and spasms. The Veteran did have back pain and stiffness. There was no decrease in flexion, no lower extremity numbness, and no lower extremity tingling. In August 2017, the Veteran was seen again for his back pain. The Veteran complained of acute back pain. He reported pain medications did not seem to be helping and felt he was getting worse. He reported his pain was a 10 out of 10, with 10 being the worst, at worst. The Veteran had back pain and stiffness. His pain was made worse when going from sitting to standing but not made worse when walking. The Veteran did not have any leg weakness, leg numbness, or paresthesias. The Veteran did not have urinary incontinency or frequency. The Veteran had full range of motion; however, there was limited flexion. In May 2018, the Veteran was seen by his private physician. The Veteran reported chronic low back pain. He reported the pain as constant frequent muscle cramps in the anterior thighs. His back pain increased with walking, flexion, extension, and rotation. He denied numbness, tingling, or pain radiating into the lower extremities. He denied bowel or bladder dysfunction. The Veteran had normal posture, heel and toe standing were normal, and his gait was normal. The Veteran was noted as having full strength. The Veteran visited his private physician in October 2019. The Veteran reported worsening back pain and a flare-up that lasted a week the month prior. He reported not being able to get out of bed and radicular pain on his right side. The Veteran had no loss of bowel or bladder. He did not have loss of strength. He reported not being able to shop for long periods. There was loss of lumbar lordosis and tenderness over the lumbar spine and SI joints. He was able to get up okay but had pain with extension. In August 2021, the Veteran was provided another VA examination. The Veteran reported flare-ups of the back that occur daily that are severe and last hours. The flare-ups were precipitated by prolonged sitting, bending over for long periods of time, and the way he sleeps at night. He reported flare-ups are alleviated with epidural injections and pain medications. The Veteran did have functional loss/impairment in having difficulty with prolonged sitting, standing, walking, and performing tasks that require repetitive bending, twisting, or stooping. The Veteran's range of motion was forward flexion to 60 degrees, extension to degrees, bilateral lateral flexion to 0 degrees, and bilateral lateral rotation to 10 degrees. Pain noted on examination was exhibited in all ranges of motion. Passive range of motion was not able to be performed due to inability to do so safely and reliably. There was pain on weight-bearing and active motion that caused functional loss. There was no objective evidence of crepitus or localized tenderness. The Veteran was able to perform repetitive use testing with at least three repetitions and did not suffer additional loss after. The Veteran did suffer from pain that significantly limited functional ability with repeated use over time and during flare-ups. The estimated range of motion in degrees during repeated use over time was flexion to 50 degrees, extension to 0 degrees, and bilateral lateral flexion and lateral rotation all to 8 degrees, and with flare-ups there was flexion to 40 degrees, extension to 0 degrees, and bilateral lateral flexion and lateral rotation all to 5 degrees. The Veteran did not have muscle spasms or guarding. There were no additional factors contributing to the disability. The Veteran had mild decrease in muscle strength. There was no muscle atrophy or ankylosis. The Veteran did not have IVDS. The Veteran did not require use of assistive devices. After review of the evidence, the Board finds that a rating in excess of 10 percent prior to August 2, 2021 is not warranted. Prior to August 2021, the Veteran's lumbar disability had full range of motion or a mild decrease noted. In fact, the Veteran's private medical records often note him still maintaining full range of motion. Further, during this period, there was no evidence of muscle atrophy, guarding, or localized tenderness resulting in abnormal gait or abnormal spinal contour. The Veteran was never found to have any ankylosis, favorable or unfavorable. Thus, a rating in excess of 10 percent prior to August 2, 2021 is not warranted. See 38 C.F.R. § 4.71a, DC 5242. Moreover, the Board finds that a rating in excess of 20 percent from August 2, 2021 is also not warranted. The Veteran did not have range of motion that was 30 degrees flexion or less. Although the Veteran reported pain, pain did not result in additional loss. The Veteran also did not have guarding, muscle atrophy, or ankylosis. Additionally, at no time has the Veteran been shown to have or nearly approximate ankylosis, favorable or unfavorable, of the thoracolumbar spine or entire spine, even when considering functional impairment. The Veteran further has not been diagnosed with IVDS. Thus, a rating in excess of 20 percent is not warranted from August 2, 2021. See 38 C.F.R. § 4.71a, DC 5242. As provided above, VA must consider granting a higher rating in cases in which functional loss due to pain, weakness, excess fatigability, or incoordination is demonstrated and those factors are not contemplated in the relevant criteria when evaluating limitation of motion for joint disabilities. See 38 C.F.R. §§ 4.40, 4.45, 4.59; DeLuca at 202. However, prior to August 2, 2021, the Veteran only suffered minimal reduction in range of motion or no loss of range of motion at all. While the Veteran did report flare-ups, the Veteran was still noted as having normal movement, did not have muscle atrophy, had full strength, and no ankylosis. Regarding the period from August 2, 2021, while the Veteran did report frequent flare-ups and pain was noted as significantly limiting the Veteran during flare-ups and with repeated use over time, the examiner noted that the Veteran's forward flexion was only decreased to 40 degrees with flare-ups and 50 degrees with repeated use over time. Thus, additional consideration under DeLuca is not warranted and consideration for a rating in excess of 10 percent prior to August 2, 2021, and in excess of 20 percent thereafter is not warranted. DeLuca v. Brown, 8 Vet. App. 202 (1995). Regarding any neurological manifestations, the Board will be discussing the Veteran's radiculopathy of the bilateral lower extremities below. In light of the foregoing, the Board concludes that a rating in excess of 10 percent prior to August 2, 2021 and in excess of 20 percent thereafter is not warranted. The benefit of the doubt doctrine is not for application. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Ortiz v. Principi, 274 F.3d 1361 (Fed Cir. 2001). 2. Entitlement to an Increased Rating: Sciatic Nerve Radiculopathy and Femoral Nerve Radiculopathy of the Bilateral Lower Extremities The Veteran's radiculopathy disabilities of the left and right lower extremities are each provided a 10 percent rating prior to August 2, 2021 and a 20 percent rating thereafter under Diagnostic Codes 8520 for the sciatic nerve, and 20 percent ratings under DC 8526 for the anterior crural (femoral) nerve. Under Diagnostic Code (DC) 8520, a 10 percent evaluation is warranted for mild incomplete paralysis of the sciatic nerve. A 20 percent rating requires evidence of moderate incomplete paralysis of the sciatic nerve. A 40 percent rating requires evidence of moderately severe incomplete paralysis of the sciatic nerve. A 60 percent rating requires evidence of severe incomplete paralysis with marked muscular atrophy. An 80 percent rating requires evidence of complete paralysis. When there is complete paralysis, the foot dangles and drops, no active movement of the muscles below the knee is possible, and flexion of the knee is weakened or (very rarely) lost. 38 C.F.R. § 4.124a, DC 8520. Under DC 8526, a non-compensable rating is assigned for mild to moderate complete paralysis of the femoral nerve, a 20 percent rating is assigned for moderate incomplete paralysis, a 30 percent rating is assigned for severe incomplete paralysis, and a 40 percent rating is assigned for complete paralysis. 38 C.F.R. § 4.124a, DC 8526. The Board notes that the terms "mild," "moderate" and "severe" are not defined. Rather than applying a mechanical formula, the Board must evaluate all the evidence to the end that its decisions are equitable and just. 38 C.F.R. § 4.6. Use of terminology such as "mild" or "severe" by VA examiners and others, although evidence to be considered by the Board, is not dispositive of an issue. All evidence must be evaluated in arriving at a decision regarding an increased rating. 38 C.F.R. §§ 4.2, 4.6. In August 2016, the Veteran was seen by his private physician. The Veteran complained of right lower leg and hip pain. The Veteran reported radiating pain into the right hip and lower extremity towards the ankle. He reported intermittent tingling involving the right leg. He denied any weakness or numbness. Straight leg testing on the right side was painful. Sensation of the lower extremities was normal bilaterally. Strength and reflexes were within normal limits bilaterally in the lower extremities. The Veteran was noted as having lumbar radiculopathy. In August 2017, the Veteran seen by his private physician's office. The Veteran reported back pain that radiates to his thighs but not extensively. The Veteran reported no leg weakness or numbness. The Veteran was seen again in May 2018 and reported continued pain in his back with frequent cramps in his upper thighs. He again denied any leg weakness or numbness. In December 2019, the Veteran was seen again by his private physician for a follow up visit. The Veteran was noted as having radiculopathy with pain that radiates into his bilateral hips and down his right leg stopping at his ankle. He described the pain as burning, sharp, and exacerbated by walking. There was no numbness or tingling. The Veteran had normal sensation and normal gait. In May 2020, the Veteran was seen by his private physician for a decompression procedure for his radiculopathy. The Veteran was noted as having low back pain and sciatica that was more on the right than the left. The Veteran had again complained of pain that radiates to his bilateral hips and down his right leg. EMG was noted as being consistent with right radiculopathy. The Veteran's strength was full bilaterally, and muscle and tone were normal. In August 2021, the Veteran was provided a VA examination. The Veteran reported radicular symptoms going down both his legs. The Veteran had decreased sensation in his left thigh/knee, lower leg, and foot and toes, as well as decreased sensations in his lower right leg and foot and toes. The Veteran's radiculopathy was noted as causing moderate intermittent pain bilaterally, mild paresthesias of the right lower extremity, moderate paresthesias of the left lower extremity, mild numbness on the right, and moderate numbness of the left. The examiner noted the nerves affected were the femoral and sciatic nerves bilaterally. The Veteran was only found to have a mild decrease in muscle strength, noting it as a 4 out 5, which indicates active movement against some resistance. The Veteran also did not have muscle atrophy. To start, the Board finds that the Veteran's sciatic nerve radiculopathy of the right lower extremity warrants a rating of 20 percent, but no higher, from May 21, 2020. The Board notes that the evidence of record shows the Veteran's symptoms appear to be more moderate in nature as of this date, as it required surgical decompression and he was noted as having sciatica more on the right. Therefore, the Board finds that his symptoms rise to the level of moderate and a rating of 20 percent for sciatic nerve radiculopathy of the right extremity from May 21, 2020 is warranted. See 38 C.F.R. § 4.124a, DC 8520. However, the Board finds that ratings in excess of 10 percent prior to May 20, 2020 for the Veteran's right lower extremity sciatic nerve radiculopathy and prior to August 2, 2021 for the Veteran's left lower extremity sciatic nerve radiculopathy are not warranted. During these periods, the Veteran's radiculopathy at no time was referred to as moderate, nor did the Veteran describe moderate symptoms. In fact, the Veteran consistently reported suffering from no leg weakness, numbness, or tingling during these periods. Further, for the Veteran's left lower extremity, the Veteran often reported no symptoms or only noted some pain down to his thighs and/or hips. While the Veteran often reported his symptoms were worse on his right side prior to May 21, 2020, the Veteran also still reported no numbness, tingling, or weakness, and was not found to have muscle atrophy. The Veteran also was consistently noted as having full muscle strength. Therefore, the Board finds that the Veteran's symptoms were milder in nature prior to May 21, 2020 for the Veteran's right lower extremity sciatic nerve radiculopathy and prior to August 2, 2021 for the Veteran's lower extremity, and ratings in excess of 10 percent are not warranted. Id. Moreover, the Board also finds that ratings in excess of 20 percent from May 21, 2020 for the Veteran's right lower extremity sciatic nerve radiculopathy and since August 2, 2021 for the Veteran's left lower extremity sciatic nerve radiculopathy are not warranted. During these periods, the Veteran has not shown severe symptoms for either extremity. During the Veteran's August 2021 examination, the Veteran's symptoms were only noted as being mild to moderate. In fact, the Veteran was not noted to have any severe symptoms and was noted as not having constant pain but only moderate intermittent pain. The Veteran has further never reported any leg weakness or been found to have muscle atrophy. Thus, the Veteran's symptoms to not rise to the level of moderately severe as needed for ratings in excess of 20 percent. Id. Lastly, regarding the Veteran's bilateral lower extremity femoral nerve radiculopathy, the Board finds that ratings in excess of 20 percent are not warranted. The August 2021 examination only noted mild to moderate symptoms of radiculopathy. The Veteran was not found to have severe symptoms for either extremity. Further, the Veteran has not provided any evidence noting severe symptoms for his femoral nerve radiculopathy, to include any notations finding any leg weakness or muscle atrophy. The Board notes that the evidence of record does not show a diagnosis for femoral nerve radiculopathy prior to his August 2021 examination. While the Veteran has been noted as having radicular symptoms since August 2016, his condition was often noted as being sciatic in nature. Therefore, considering his radiculopathy complaints prior to August 2021 for his femoral nerve disability would constitute undue pyramiding, as the evidence was already considered in providing the ratings for his sciatic nerve radiculopathy of the bilateral lower extremities. 38 C.F.R. § 4.14. The Board has also considered whether any other diagnostic codes are applicable to the Veteran's service-connected radiculopathy conditions. See Butts v. Brown, 5 Vet. App. 532, 538 (1993) (en banc) (the assignment of a particular diagnostic code is "completely dependent on the facts of a particular case."). One diagnostic code may be more appropriate than another based on such factors as an individual's relevant medical history, the current diagnosis and demonstrated symptomatology. Pernorio v. Derwinski, 2 Vet. App. 625 (1992). Here, however, the objective evidence shows that the Veteran's symptomatology most closely reflects the current diagnostic codes, DC 8520 and DC 8526. Accordingly, the Board finds that a rating of 20 percent, but no higher, for sciatic nerve radiculopathy of the right lower extremity from May 21, 2020 is warranted. The benefit of the doubt doctrine has been applied. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Ortiz v. Principi, 274 F.3d 1361 (Fed Cir. 2001). However, a rating in excess of 10 percent for sciatic nerve radiculopathy of the right lower extremity prior to May 21, 2020, a rating in excess of 10 percent prior to August 2, 2021 and in excess of 20 percent thereafter sciatic nerve radiculopathy of the left lower extremity, and ratings in excess of 20 percent for his femoral nerve radiculopathy of the bilateral lower extremities are not warranted. The benefit of the doubt doctrine is not for application. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Ortiz v. Principi, 274 F.3d 1361 (Fed Cir. 2001). JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Negron, 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.