Citation Nr: 21023459 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 17-62 381A DATE: April 20, 2021 ORDER Entitlement to an effective date of January 1, 2014, but no earlier, for a 50 percent disability rating for bilateral plantar fasciitis with bilateral calcaneal enthesopathy is granted. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for left ankle lateral collateral ligament sprain with arthritis is granted. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for right ankle lateral collateral ligament sprain with arthritis is granted. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for left elbow lateral and medial epicondylitis with arthritis is granted. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for right elbow lateral and medial epicondylitis with arthritis is granted. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for left knee osteoarthritis is granted. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for right knee osteoarthritis is granted. Entitlement to an effective date of January 1, 2014, but no earlier, for a 20 percent disability rating for right lower extremity radiculopathy involving the sciatic nerve is granted. FINDINGS OF FACT 1. In November 2015, prior to the expiration of the appeal period for the November 2014 rating decision, the Veteran submitted evidence in support of his claim for higher ratings for bilateral plantar fasciitis with bilateral calcaneal enthesopathy, left ankle sprain, right ankle sprain, left elbow tendonitis, right elbow tendonitis, left knee osteoarthritis, right knee osteoarthritis, and right lower extremity radiculopathy. A determination was not made by the RO whether this evidence constituted new and material evidence with regard to the claims decided in the November 2014 rating decision. 2. Since January 1, 2014, the evidence is at least equally balanced whether the Veteran’s bilateral plantar fasciitis with bilateral calcaneal enthesopathy manifested with extreme tenderness of plantar surfaces of the feet with accentuated pain on use that is not improved by orthopedic shoes or appliances. 3. Since January 1, 2014, the evidence is at least equally balanced whether the Veteran’s left and right ankle lateral collateral ligament sprains with arthritis manifested with limitation of motion, to include consideration of flare-ups and functional loss. 4. Since January 1, 2014, the evidence is at least equally balanced whether the Veteran’s left and right elbow lateral and medial epicondylitis with arthritis manifested with limitation of motion, to include consideration of flare-ups and functional loss. 5. Since January 1, 2014, the evidence is at least equally balanced whether the Veteran’s left and right knee osteoarthritis manifested with limitation of motion, to include consideration of flare-ups and functional loss. 6. Since January 1, 2014, the evidence is at least equally balanced whether the Veteran’s right lower extremity radiculopathy manifested with moderate incomplete paralysis of the sciatic nerve. CONCLUSIONS OF LAW 1. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 50 percent disability rating for bilateral plantar fasciitis with bilateral calcaneal enthesopathy are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.2, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5276. 2. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 10 percent disability rating for left ankle lateral collateral ligament sprain with arthritis are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.2, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5271-5010. 3. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 10 percent disability rating for right ankle lateral collateral ligament sprain with arthritis are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.2, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5271-5010. 4. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 10 percent disability rating for left elbow lateral and medial epicondylitis with arthritis are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.2, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5206-5010. 5. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 10 percent disability rating for right elbow lateral and medial epicondylitis with arthritis are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.2, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5206-5010. 6. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 10 percent disability rating for left knee osteoarthritis are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.2, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5260-5010. 7. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 10 percent disability rating for right knee osteoarthritis are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.2, 4.10, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 5260-5010. 8. The criteria for the assignment of an effective date of January 1, 2014, but no earlier, for the award of a 20 percent disability rating for right lower extremity radiculopathy involving the sciatic nerve are met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.156 (b), 3.400, 4.1, 4.3, 4.124a, Diagnostic Code 8520. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from June 10, 1991 to December 31, 2013. This case comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the transcript is of record. Effective Dates The effective date of an evaluation and an award of compensation based on an original claim, a claim reopened after a final disallowance, or a claim for increase will be the date the claim was received or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400. In general, the effective date of an award of increased compensation "shall not be earlier than the date of receipt of application therefor." 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400 (o)(1). The provisions of 38 C.F.R. § 3.400 (b)(2) allow for assignment of an effective date the day following separation from active service if a claim is received within one year after separation from service. In July 2013, the Veteran filed an original disability claim under the pre-separation program. In November 2014, a rating decision was issued in that granted, in pertinent part, entitlement to service connection for the following conditions: bilateral plantar fasciitis with bilateral calcaneal enthesopathy, left ankle sprain, right ankle sprain, left elbow tendonitis, right elbow tendonitis, left knee osteoarthritis, and right knee osteoarthritis. Each was assigned a noncompensable rating, effective January 1, 2014. The Veteran was also granted entitlement to service connection for right lower extremity radiculopathy with a 10 percent disability rating, effective January 1, 2014. In November 2015, prior to the expiration of the appeal period for the November 2014 rating decision, the Veteran submitted evidence in the form of medical treatment records in support of his claim for higher ratings for bilateral plantar fasciitis with bilateral calcaneal enthesopathy, left ankle sprain, right ankle sprain, left elbow tendonitis, right elbow tendonitis, left knee osteoarthritis, right knee osteoarthritis, and right lower extremity radiculopathy. A determination was not made by the RO whether this evidence constituted new and material evidence with regard to the claims decided in the November 2014 rating decision; as such, the November 2014 rating decision rating decision did not become final with respect to the initial ratings assigned. 38 C.F.R. § 3.156 (b); see also Bond v. Shinseki, 659 F.3d 1362 (Fed. Cir. 2011). 1. Entitlement to an effective date of January 1, 2014, but no earlier, for a 50 percent disability rating for bilateral plantar fasciitis with bilateral calcaneal enthesopathy In March 2016, a rating decision granted a 50 percent rating for bilateral plantar fasciitis with bilateral calcaneal enthesopathy, effective November 3, 2015. As discussed above, the November 2014 rating decision that granted service connection for bilateral plantar fasciitis with bilateral calcaneal enthesopathy, effective January 1, 2014, was not final with respect to the assigned initial noncompensable rating. Accordingly, the Board will consider whether an effective date earlier than November 3, 2015, for the award of a 50 percent rating is warranted, given that the Veteran’s claim had been pending since the November 2014 rating decision. The effective date of an evaluation and an award of compensation based on an original claim, a claim reopened after a final disallowance, or a claim for increase will be the date the claim was received or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400. The Veteran’s bilateral foot disability is evaluated under DC 5276 (pes planus). DC 5276 provides a 50 percent rating for pronounced bilateral acquired pes planus manifested by marked pronation, extreme tenderness of the plantar surfaces of the feet, or marked inward displacement and severe spasm of the tendo Achillis on manipulation, not improved by orthopedic shoes or appliances. A 30 percent rating is assigned for severe bilateral pes planus, with objective evidence of marked deformity (pronation, abduction, etc.), pain on manipulation and use accentuated, indication of swelling on use, or characteristic callosities. A 10 percent rating is warranted for moderate pes planus where the weight-bearing lines are over or medial to the great toes, where there is inward bowing of the tendo Achilles, or there is pain on manipulation and use of the feet. 38 C.F.R. § 4.71a, DC 5276. In August 2013, the Veteran was afforded a VA foot examination for foot conditions (other than pes planus). The Veteran reported a history of bilateral foot pain since 2002. He reported that he had previously been diagnosed with plantar fasciitis. In December 2015, the Veteran was provided another foot examination. The Veteran reported complaints of progressive pain, stiffness, and weakness since the prior examination. On pes planus portion of the examination, the examiner stated that the Veteran had pain on use of both feet that was accentuated on use. The examiner also reported extreme tenderness of plantar surfaces on both feet and stated that symptoms were not relieved by arch supports. During his January 2020 hearing, the Veteran argued that the initial examination had been conducted improperly. The Veteran stated that the examination had been rushed by the orthopedic examiner and did not include questions regarding whether his condition met the rating criteria for pes planus. In consideration of the entire record, including medical and lay evidence, the Board finds the Veteran is entitled to an initial disability rating of 50 percent from January 1, 2014 for bilateral plantar fasciitis with bilateral calcaneal enthesopathy. The Board finds the Veteran’s condition plantar fasciitis with bilateral calcaneal enthesopathy manifested with extreme tenderness of plantar surfaces of the feet with accentuated pain on use that is not improved by orthopedic shoes or appliances and most closely approximates the criteria for a 50 percent rating under DC 5276. In reaching this conclusion, the Board finds probative value in the Veteran's statements regarding the history and severity of his plantar fasciitis, as well as, the findings on examination in December 2015. 38 C.F.R. §§ 3.400, 4.3, 4.7, 4.71a, Diagnostic Code 5276. 2. Entitlement to an earlier effective date for a 10 percent disability rating for left ankle lateral collateral ligament sprain with arthritis 3. Entitlement to an earlier effective date for a 10 percent disability rating for right ankle lateral collateral ligament sprain with arthritis In March 2016, a rating decision granted entitlement to 10 percent ratings for left and right ankle lateral collateral ligament sprain with arthritis (previously rated as left and right ankle sprains), effective November 3, 2015. As discussed above, the November 2014 rating decision that granted service connection for left and right ankle sprains, effective January 1, 2014, was not final with respect to the initial noncompensable ratings assigned. Accordingly, the Board will consider whether effective dates earlier than November 3, 2015, for the award of 10 percent ratings are warranted, given that the Veteran’s claims have been pending since the November 2014 rating decision. The Veteran’s right and left ankle lateral collateral ligament sprain with arthritis have been evaluated pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5271-5010. Hyphenated diagnostic codes are used when a rating under one diagnostic code requires use of an additional diagnostic code to identify the basis for the assigned rating; the additional code is shown after the hyphen. Here, the hyphenated diagnostic code indicates that the Veteran’s right and left ankle limitation of motion (DC 5271) were assigned ratings under the criteria for arthritis (DC 5010). DC 5010 (osteoarthritis) is rated based upon the criteria of DC 5003 (degenerative arthritis). DC 5003 provides that degenerative arthritis established by X-ray findings will be rated based on limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved. 38 C.F.R. § 4.71a, DC 5003. Under DC 5003, when limitation of motion would be noncompensable, i.e., zero percent, under a limitation-of-motion code, but there is at least some limitation of motion, VA assigns a 10 percent disability rating for each major joint so affected, to be combined, not added. Id. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. Id. In the absence of any limitation of motion, involvement of 2 or more major joints or 2 or more minor joint groups warrants a 10 percent evaluation, and the same with occasional incapacitating exacerbations warrants a 20 percent evaluation. Id. The ankle is considered a major joint. 38 C.F.R. § 4.45. In August 2013, the Veteran was afforded a VA examination for his ankles. The Veteran reported a history of bilateral ankle pain since 1991. He was diagnosed with chronic ankle sprains. The examiner noted that the Veteran reported flare-ups of his ankles with prolonged running. No limitation of motion was reported. In December 2015, the Veteran was provided another ankle examination. The Veteran reported complaints of progressive pain, stiffness, and weakness, including pain and stiffness during flare-ups. The examiner noted limitation of plantar flexion to 15 degrees and dorsiflexion to 35 degrees, bilaterally. The Veteran was also noted to have arthritis of both ankles noted by x-ray. During his January 2020 hearing, the Veteran argued that the initial examination had been conducted improperly. The Veteran stated that the examination had been rushed by the orthopedic examiner. In consideration of the entire record, including medical and lay evidence, the Board finds the Veteran is entitled to initial disability ratings of 10 percent from January 1, 2014 for his left and right ankle lateral collateral ligament sprains with arthritis. The 2013 examiner noted that the Veteran had flare-ups of his left and right ankles that resulted in pain and functional loss with prolonged use or running. The examiner did not opine as to whether the Veteran’s flare-ups resulted in limitation of motion; however, the 2015 examiner noted stiffness that resulted during flare-ups. The Board notes that the intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability, and to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. See Burton v. Shinseki, 25 Vet. App. 1 (2011) (holding that the applicability of 38 C.F.R. § 4.59 is not limited to arthritis claims). As such, while a diagnosis of arthritis is not provided for the left and right ankles until 2015, the Board finds that the Veteran’s left and right ankles warrant 10 percent ratings due to painful motion and stiffness during flare-ups. 38 C.F.R. §§ 3.400, 4.3, 4.7, 4.45, 4.59, 4.71a, Diagnostic Code 5271-5010. 4. Entitlement to an earlier effective date for a 10 percent disability rating for left elbow lateral and medial epicondylitis with arthritis 5. Entitlement to an earlier effective date for a 10 percent disability rating for right elbow lateral and medial epicondylitis with arthritis In March 2016, a rating decision granted entitlement to 10 percent ratings for left and right elbow lateral and medial epicondylitis with arthritis (previously rated as left and right elbow tendonitis), effective November 3, 2015. As discussed above, the November 2014 rating decision that granted service connection for left and right elbow tendonitis, effective January 1, 2014, was not final with respect to the initial noncompensable ratings assigned. Accordingly, the Board will consider whether effective dates earlier than November 3, 2015, for the award of 10 percent ratings are warranted, given that the Veteran’s claims have been pending since the November 2014 rating decision. The Veteran’s right and left elbow lateral and medial epicondylitis with arthritis have been evaluated pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5206-5010. The hyphenated diagnostic code indicates that the Veteran’s limitation of flexion of the left and right forearm (DC 5206) were assigned ratings under the criteria for arthritis (DC 5010). The elbow is considered a major joint. 38 C.F.R. § 4.45. In August 2013, the Veteran was afforded a VA examination for his elbows. The Veteran reported a history of bilateral elbow pain that began in 2010. He stated he had been informed that he had tendonitis of the elbows. The examiner stated that the Veteran denied flare-ups and that the Veteran did not have limitation of motion of the elbows. Degenerative changes of the left elbow were documented on x-ray. In December 2015, the Veteran was provided another elbow examination. The Veteran reported complaints of progressive pain, stiffness, and weakness, including pain and stiffness during flare-ups. The examiner noted limitation of elbow flexion to 135 degrees bilaterally and the Veteran was also noted to have arthritis of both elbows documented by x-ray. During his January 2020 hearing, the Veteran argued that the initial examination had been conducted improperly. The Veteran stated that the examination had been rushed by the orthopedic examiner. The Veteran stated that the question whether the Veteran reported flare-ups of that impact the function of the elbow had been marked “no” erroneously. The Veteran stated that “one of the reasons [he] retired from the Marine Corps is because my elbows were just in such bad shape” that he was unable to perform his required duties. In consideration of the entire record, including medical and lay evidence, the Board finds the Veteran is entitled to an initial disability rating of 10 percent from January 1, 2014 for left and right elbow lateral and medial epicondylitis with arthritis. The evidence indicates that the Veteran had flare-ups of his left and right elbows that resulted in pain and limitation of motion throughout the period on appeal. While the 2013 examiner denied that the Veteran reported flare-ups of his elbow conditions, the Board finds probative the Veteran’s reports that he has had flare-ups of his elbows since his active service that, in part, resulted in his retirement. The Veteran reported pain and stiffness that results in limitation of motion of the elbows during flare-ups during his 2015 VA examination. While only arthritis of the left elbow was reported in 2013, the Board finds that painful motion during flare-ups warrants 10 percent ratings for each elbow since January 1, 2014 under Diagnostic Code 5206-5010. See Burton v. Shinseki, 25 Vet. App. 1 (2011). In reaching this conclusion, the Board finds probative value in the Veteran’s statements regarding the history and severity of his bilateral elbow disabilities, as well as, the findings on examination in December 2015. 38 C.F.R. §§ 3.400, 4.3, 4.7, 4.45, 4.59, 4.71a, Diagnostic Code 5206-5010. 6. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for left knee osteoarthritis 7. Entitlement to an effective date of January 1, 2014, but no earlier, for a 10 percent disability rating for right knee osteoarthritis In March 2016, a rating decision granted entitlement to 10 percent ratings for left and right knee osteoarthritis, effective November 3, 2015. As discussed above, the November 2014 rating decision that granted service connection for left and right knee osteoarthritis, effective January 1, 2014, was not final with respect to the initial noncompensable ratings assigned. Accordingly, the Board will consider whether effective dates earlier than November 3, 2015, for the award of 10 percent ratings are warranted, given that the Veteran’s claims have been pending since the November 2014 rating decision. The Veteran’s right and left knee osteoarthritis have been evaluated pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5260-5010. The hyphenated diagnostic code indicates that the Veteran’s limitation of flexion of the left and right knee (DC 5260) were assigned ratings under the criteria for arthritis (DC 5010). The knee is considered a major joint. 38 C.F.R. § 4.45. In August 2013, the Veteran was afforded a VA examination for his knees. The Veteran reported a history of bilateral knee pain that began in 1996. He underwent x-rays that diagnosed osteoarthritis of both knees. The examiner stated that the Veteran denied flare-ups and that the Veteran did not have limitation of motion of the knees. The evidence indicates that the Veteran sought treatment for bilateral knee pain in May 2015. In December 2015, the Veteran was provided another knee examination. The Veteran reported complaints of progressive pain, stiffness, and weakness, including pain and stiffness during flare-ups. The examiner noted limitation of knee flexion to 130 degrees bilaterally. During his January 2020 hearing, the Veteran argued that the initial examination had been conducted improperly. The Veteran stated that the examination had been rushed by the orthopedic examiner. In consideration of the entire record, including medical and lay evidence, the Board finds the Veteran is entitled to an initial disability rating of 10 percent from January 1, 2014 for left and right knee osteoarthritis. The evidence indicates that the Veteran had osteoarthritis of both knees throughout the appeal period. The Veteran has reported that his condition caused pain and functional loss throughout the appeal period, and that the initial examination in 2013 did not adequately represent the extent of his condition. The Board notes that the subsequent evaluation in 2015 indicates decreased range of motion and stiffness during flare-ups. Based upon the Veteran’s credible reports of similar symptoms since his period of service, the Board finds that the Veteran’s left and right knee osteoarthritis warrants 10 percent ratings for each knee since January 1, 2014 under Diagnostic Code 5260-5010. See Burton v. Shinseki, 25 Vet. App. 1 (2011). 38 C.F.R. §§ 3.400, 4.3, 4.7, 4.45, 4.59, 4.71a, Diagnostic Code 5260-5010. 8. Entitlement to an effective date of January 1, 2014, but no earlier, for a 20 percent disability rating for right lower extremity radiculopathy involving the sciatic nerve In March 2016, a rating decision granted a 20 percent rating for right lower extremity radiculopathy involving the sciatic nerve, effective November 3, 2015. As discussed above, the November 2014 rating decision that granted service connection for right lower extremity radiculopathy, effective January 1, 2014, was not final with respect to the assigned initial noncompensable rating. Accordingly, the Board will consider whether an effective date earlier than November 3, 2015, for the award of a 20 percent rating is warranted, given that the Veteran’s claim had been pending since the November 2014 rating decision. Under DC 8520, a 10 percent rating is warranted for mild incomplete paralysis of the sciatic nerve. A 20 percent rating is warranted for moderate incomplete paralysis. A 40 percent rating is assignable for moderately severe incomplete paralysis. A 60 percent rating is assignable for severe incomplete paralysis with marked muscle atrophy. An 80 percent rating is assignable for complete paralysis of the sciatic nerve, in which the foot dangles and drops and there is no active movement possible of muscles below the knee, flexion of the knee weakened or (very rarely) lost. 38 C.F.R. § 4.124a, DC 8520. The terms "mild," "moderate," and "severe" are not defined in the rating schedule; rather than applying a mechanical formula, VA must evaluate all the evidence to the end that its decisions are equitable and just. 38 C.F.R. § 4.6. The term "incomplete paralysis" indicates a degree of lost or impaired function that is substantially less than that which is described in the criteria for an evaluation for complete paralysis, whether the less than total paralysis is due to the varied level of the nerve lesion or to partial nerve regeneration. When the involvement is wholly sensory, the rating should be for the mild, or at most, the moderate degree. 38 C.F.R. § 4.124a. In August 2013, the Veteran was afforded a VA back examination. The examiner reported that the Veteran did not have radicular pain or signs or symptoms of radiculopathy. The examiner, however, then noted that the Veteran had intermittent radiculopathy while running. The examiner described this radiculopathy as “mild” and reported that it involved the sciatic nerve. In December 2015, the Veteran was provided another back examination. The Veteran reported complaints of progressive pain since the prior examination. The examiner noted hypoactive reflexes of the right lower extremity. He also reported “moderate” symptoms of intermittent pain, paresthesias/dysesthesias, and numbness of the right lower extremity. The examiner described the overall severity of the Veteran’s right lower extremity radiculopathy as “moderate.” During his January 2020 hearing, the Veteran argued that the initial examination had been conducted improperly. The Veteran stated that the examination had been rushed by the orthopedic examiner. In consideration of the entire record, including medical and lay evidence, the Board finds the Veteran is entitled to an initial disability rating of 20 percent from January 1, 2014 for right lower extremity radiculopathy. The Board finds that the 2015 examination is a more comprehensive evaluation of the Veteran’s limitations due to his impairment of the sciatic nerve and a more accurate representation of the Veteran’s condition on appeal. The initial examination does not discuss whether the Veteran had paresthesias/dysesthesias or numbness of the right lower extremity and is internally inconsistent as to whether the Veteran has right lower extremity radiculopathy at all. Due to these inconsistencies, the Board finds that the findings of the December 2015 VA examiner to be of greater probative value regarding the severity of the Veteran’s right lower extremity radiculopathy throughout the appeal period. As such, the Board finds that the Veteran’s condition warrants a 20 percent rating for “moderate” manifestations of right lower extremity radiculopathy throughout the period on appeal. In reaching this conclusion, the Board finds probative value in the Veteran’s statements regarding the history and severity of his right lower extremity radiculopathy, as well as, the findings on examination in December 2015. 38 C.F.R. §§ 3.400, 4.3, 4.124a, Diagnostic Code 8520. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P.M. Johnson, 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.