PARALYSIS OF SCIATIC NERVE

Summary

The veteran, who served in the United States Army from February 2013 to February 2014, appeals a December 2020 rating decision concerning his service-connected right lower extremity (RLE) radiculopathy, sciatic nerve. The veteran initially sought service connection for a back and left leg condition in April 2019, and was awarded service connection for RLE radiculopathy, sciatic nerve, with a 10 percent rating in November 2019. In February 2020, following a January 2020 VA examination, the rating was reduced to noncompensable (0 percent) effective January 29, 2020, due to reported improvement. The veteran also appealed a proposed reduction for left lower extremity (LLE) radiculopathy, sciatic nerve, from 20 percent to 0 percent, but this appeal was dismissed as premature because the December 2020 decision was only a proposed reduction, not a final appealable decision. Regarding the RLE radiculopathy, the Board reviewed multiple VA examinations. While an October 2019 examination noted moderate symptoms and opined a connection to service, subsequent examinations in January, July, and December 2020 found no RLE symptoms or findings, or described the condition as asymptomatic incomplete paralysis. The Board found the later examinations more probative, concluding that the RLE radiculopathy had actually improved and the reduction was proper. The Board also denied entitlement to a compensable rating for RLE radiculopathy from January 2020 to December 2020, as the evidence showed no signs or symptoms during that period. The benefit of the doubt doctrine was not applicable as the evidence weighed against the claims.

Rationale

Appeal dismissed as premature; Proposed reduction is not an appealable decision; Veteran did not identify a specific determination to appeal

Full Decision Text

Citation Nr: A26024241
Decision Date: 03/18/26	Archive Date: 03/18/26

DOCKET NO. 210111-133548
DATE: March 18, 2026

ORDER

The appeal of a proposed reduction of the disability rating for left lower extremity (LLE) radiculopathy, sciatic nerve, from 20 percent to noncompensable (0 percent) is dismissed.

The reduction of the disability rating for right lower extremity (RLE) radiculopathy, sciatic nerve, from 10 percent to noncompensable (0 percent), effective January 29, 2020 was proper; restoration of the 10 percent rating is denied.

Entitlement to a compensable rating for RLE radiculopathy, sciatic nerve, from January 29, 2020 to December 16, 2020 is denied. 

FINDINGS OF FACT

1. The December 16, 2020 rating decision that was appealed only proposed a reduction in the evaluation of the Veteran's service-connected LLE radiculopathy,  sciatic nerve, disability and was not a final decision; thus, the Veteran's appeal of the December 16, 2020 proposed rating decision was premature.

2. In a November 2019 rating decision, the Veteran was awarded service connection for RLE radiculopathy, sciatic nerve, and assigned a 10 percent rating effective April 9, 2019.

3. In a February 2020 rating decision, the disability rating for the service-connected RLE radiculopathy, sciatic nerve, was reduced from 10 percent to a noncompensable (0 percent) rating, effective January 29, 2020.

4. The reduction in the disability rating for RLE radiculopathy, sciatic nerve, from 10 percent to noncompensable (0 percent) did not result in a reduction in the Veteran's overall compensation rate; therefore, the notice provisions of the regulation governing compensation rating reductions did not apply.

5. As of January 29, 2020, the 10 percent disability rating for the Veteran's service-connected RLE radiculopathy, sciatic nerve, had been in effect for less than five years.

6. The evidence at the time of the rating reduction shows actual improvement in the Veteran's RLE radiculopathy, sciatic nerve, disability including improvement in the Veteran's ability to function under the ordinary conditions of life and work.

7. A December 16, 2020 rating decision continued a noncompensable (0 percent) disability rating for the Veteran's service-connected RLE radiculopathy, sciatic nerve. 

8. The evidence at the time of the December 16, 2020 rating decision on appeal showed asymptomatic incomplete paralysis of the RLE sciatic nerve.  

CONCLUSIONS OF LAW

1. The criteria for dismissal of the appeal of a proposed reduction of the disability rating for LLE radiculopathy, sciatic nerve, from 20 percent to noncompensable been have been met 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The rating reduction for the Veteran's RLE radiculopathy, sciatic nerve, from 20 percent to noncompensable, effective January 29, 2020, was proper. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.124a, Diagnostic Code 8526.

3. The criteria for a compensable disability rating for RLE radiculopathy, sciatic nerve, have not been met from January 29, 2020 to December 16, 2020. 38 U.S.C. § 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.124a, Diagnostic Code 8520.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from February 2013 to February 2014.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2020 rating decision issued by a Department of Veterans Affairs (VA) regional office, the agency of original jurisdiction (AOJ).

In the January 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On May 8, 2024, the Veteran requested that the Board hearing scheduled for July 10, 2024 be cancelled. See Correspondence, May 2024. 

For this Appeals
S FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from February 2013 to February 2014.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2020 rating decision issued by a Department of Veterans Affairs (VA) regional office, the agency of original jurisdiction (AOJ).

In the January 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On May 8, 2024, the Veteran requested that the Board hearing scheduled for July 10, 2024 be cancelled. See Correspondence, May 2024. 

For this Appeals Modernization Act (AMA) appeal on the Hearing docket whose hearing was canceled, the Board may consider only the evidence of record at the time of the December 2020 AOJ decision on appeal, as well as any evidence submitted by the Veteran (or representative) within 90 days following the date of cancelation of the hearing. 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 the date of cancelation of the Board hearing, or (2) more than 90 days following the date of cancelation of the Board hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801.

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. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

1. The appeal of a proposed reduction of the disability rating for LLE, sciatic nerve, from 20 percent to noncompensable (0 percent) is dismissed.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105(d).

In this case, the AOJ issued a rating decision on December 16, 2020, proposing to reduce the Veteran's disability rating for LLE radiculopathy, sciatic nerve, from 20 percent to noncompensable (0 percent). See Rating Decision - Narrative, December 16, 2020. 

This was only a proposed action by the AOJ, however, and the December 16, 2020 rating decision was not a final decision that was appealable as to that issue. During the period on appeal, the disability rating for the Veteran's LLE radiculopathy, sciatic nerve, remained at 20 percent. See Rating Decision - Codesheet, December 16, 2020. 

In response to the December 16, 2020 proposed reduction, the Veteran prematurely filed a VA Form 10182 with the Board and is attempting to appeal the proposed rating reduction. However, as noted above, the December 16, 2020 decision was only a non-final proposed rating reduction and was not an appealable decision. Accordingly, the Veteran has not identified a specific determination with which they can appeal. See 38 U.S.C. § 7105(d).

The Board highlights 38 C.F.R. §§ 20.203 and 3.2500, Place and time of filing of Notice of Disagreement and Review of Decisions, respectively, to guide the claims processing rule at issue. As explained in these provisions, a veteran may appeal a claim within one year from the date that the AOJ issues a notice of a decision. Id. Thus, a proposal to reduce a disability rating is not an appealable issue because it is not an actual decision but is, instead, a proposed action. Indeed, there are due process rights associated with the proposal, which in this case were provided to the Veteran along with the December 16, 2020 rating decision, explaining that further action was required prior to the matter becoming ripe for appeal. See 38 C.F.R. § 20.200; see also Proposal to Reduce Service Connected Compensation, December 17, 2020.

Therefore, as the Veteran has not identified a specific determination with which they can appeal, the application for appeal as to this issue is not in conformity with the legal requirements for an application for appeal. 38 U.S.C. §§ 7105, 7108.

Accordingly, the appeal is dismissed.

2. The reduction of disability rating for RLE
, there are due process rights associated with the proposal, which in this case were provided to the Veteran along with the December 16, 2020 rating decision, explaining that further action was required prior to the matter becoming ripe for appeal. See 38 C.F.R. § 20.200; see also Proposal to Reduce Service Connected Compensation, December 17, 2020.

Therefore, as the Veteran has not identified a specific determination with which they can appeal, the application for appeal as to this issue is not in conformity with the legal requirements for an application for appeal. 38 U.S.C. §§ 7105, 7108.

Accordingly, the appeal is dismissed.

2. The reduction of disability rating for RLE radiculopathy, sciatic nerve, from 10 percent to noncompensable (0 percent), effective January 29, 2020, was proper; restoration of the 10 percent rating is denied.

3. Entitlement to a compensable rating for RLE radiculopathy, sciatic nerve, from January 29, 2020 to December 16, 2020 is denied. 

In a November 2019 rating decision, the Veteran was awarded service connection for RLE radiculopathy, sciatic nerve, as secondary to a service-connected lumbar spine disability. A 10 percent rating was assigned effective April 9, 2019. 

On January 29, 2020, the Veteran underwent a VA back conditions examination in conjunction with an increased rating claim for the lumbar spine disability. In a February 2020 rating decision, the AOJ reduced the disability rating for the Veteran's RLE radiculopathy, sciatic nerve, from 10 percent to noncompensable (0 percent) effective January 29, 2020. 

In October 2020, the Veteran submitted a claim for a right leg disability. The Veteran underwent a VA peripheral nerve conditions examination on December 12, 2020. The AOJ continued the noncompensable rating for the Veteran's RLE radiculopathy, sciatic nerve, in a rating decision issued on December 16, 2020. 

The Veteran's January 2021 VA Form 10182 lists the specific issue appealed as "Right lower extremity radiculopathy, sciatic nerve" and notes a date of decision of "December 17, 2020." 

VA has the duty to construe a veteran's submissions liberally and sympathetically especially when the veteran is self-represented or represented by someone who is not a licensed attorney. See Wilson v. McDonough, 35 Vet. App. 103, 108 (2022) (citing Comer v. Peake, 552 F.3d 1362, 1367-69 (Fed. Circ. 2009)). Accordingly, the Board will construe the Veteran's January 2020 VA Form 10182 liberally and sympathetically and find that the Veteran is appealing both the December 2020 rating decision that continued a noncompensable rating for RLE radiculopathy, sciatic nerve, but also the February 2020 rating decision that reduced the disability rating from 10 percent to noncompensable effective January 29, 2020. 

The provisions of 38 C.F.R. § 3.105(e) allow for the reduction in evaluation of a service-connected disability when warranted by the evidence, but only after following certain procedural guidelines. However, where the rating reduction does not result in reduction in the overall compensation amount for the veteran, the due process protections of 38 C.F.R. § 3.105(e) do not apply. See Stelzel v. Mansfield, 508 F.3d 1345, 1349 (Fed. Cir. 2007); Tatum v. Shinseki, 24 Vet. App. 139, 143 (2010). As the reduction at issue in this case did not result in a reduction of the Veteran's overall compensation, meaning that the Veteran's total combined disability rating  remained at 90 percent regardless of this reduction, notice under 38 C.F.R. § 3.105(e) was not required.

A benefits recipient is to be afforded greater protections in instances where a rating has been in effect at the same level for more than 5 years. 38 C.F.R. § 3.344 (a)-(c). In this case, the 10 percent rating was effective April 9, 2019, and was reduced to noncompensable effective January 29, 2020. As the rating was in effect at the 10 percent level for less than five years, the greater protections accorded to benefits in effect for longer than five years are not applicable. 38 C
  remained at 90 percent regardless of this reduction, notice under 38 C.F.R. § 3.105(e) was not required.

A benefits recipient is to be afforded greater protections in instances where a rating has been in effect at the same level for more than 5 years. 38 C.F.R. § 3.344 (a)-(c). In this case, the 10 percent rating was effective April 9, 2019, and was reduced to noncompensable effective January 29, 2020. As the rating was in effect at the 10 percent level for less than five years, the greater protections accorded to benefits in effect for longer than five years are not applicable. 38 C.F.R. § 3.344 (c). Rather, 38 C.F.R. § 3.344(c) concerning disabilities that have not stabilized are for application. This regulation provides that reexaminations disclosing improvement will warrant a rating reduction. See 38 C.F.R. § 3.344(c).

Notwithstanding the above, a rating reduction is not proper unless the veteran's disability shows actual improvement in his or her ability to function under the ordinary conditions of life and work. See Faust v. West, 13 Vet. App. 342, 349 (2000). Regulations "impose a clear requirement that VA rating reductions . . . be based upon a review of the entire history of the Veteran's disability." Brown v. Brown, 5 Vet. App. 413, 420 (1993); 38 C.F.R. §§ 4.1, 4.2, 4.13. The examination reports reflecting such change must be based upon thorough examinations. Brown, 5 Vet. App. at 421. The evidence must reflect an actual change in the Veteran's condition and not merely a difference in the thoroughness of the examination or in the use of descriptive terms. 38 C.F.R. § 4.13.

Significantly, in a rating reduction case, VA has the burden of establishing that the disability has improved. A rating reduction case focuses on the propriety of the reduction and is not the same as an increased rating issue. See Peyton v. Derwinski, 1 Vet. App. 282, 286 (1991). In considering the propriety of a reduction, the Board must focus on the evidence available to the AOJ at the time the reduction was effectuated, although post-reduction medical evidence may be considered in the context of evaluating whether the condition had demonstrated actual improvement. Dofflemyer v. Derwinski, 2 Vet. App. 277, 281-282 (1992).

The question of whether a disability has improved involves consideration of the applicable rating criteria. 

Paralysis of the sciatic nerve is evaluated in accordance with the criteria set forth in 38 C.F.R. § 4.124a, Diagnostic Code 8520. Under these criteria, mild incomplete paralysis is rated as 10 percent disabling. Moderate incomplete paralysis is rated as 20 percent disabling. Moderately severe incomplete paralysis is rated as 40 percent disabling. Severe incomplete paralysis, with marked muscular atrophy is rated as 60 percent disabling. Complete paralysis, with the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or (very rarely) lost is rated as 80 percent disabling. 38 C.F.R § 4.124a.  

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. Id.

Terms such as "mild," "moderate," "moderately severe," and" severe" are not defined in the Rating Schedule. 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. Mild is generally defined as "not severe" or "temperate" Merriam-Webster's Dictionary (merriam-webster.com/dictionary). Temperate is defined as "not extreme or excessive." Id. Moderate is generally defined as "tending toward the mean or average amount." Id. Severe is generally defined as "of a great degree." Id. Naturally, "moderately severe" falls on the spectrum between "moderate" tending toward the mean or average amount and "severe" that is of a great degree.     

Turning to the evidence, a January 2019 private treatment record reflects that the Veteran complained of left leg p
 just." 38 C.F.R. § 4.6. Mild is generally defined as "not severe" or "temperate" Merriam-Webster's Dictionary (merriam-webster.com/dictionary). Temperate is defined as "not extreme or excessive." Id. Moderate is generally defined as "tending toward the mean or average amount." Id. Severe is generally defined as "of a great degree." Id. Naturally, "moderately severe" falls on the spectrum between "moderate" tending toward the mean or average amount and "severe" that is of a great degree.     

Turning to the evidence, a January 2019 private treatment record reflects that the Veteran complained of left leg paresthesias and dysesthesias along with back pain. The provider noted that it was uncommon for a patient to only complain of left-sided paresthesias without associated weakness or involvement of the RLE. See Medical Treatment Record, Non-Government Facility, January 2019. 

The Veteran submitted a claim in April 2019 seeking service connection for several conditions including a back and left leg condition. See VA 21-526EZ, April 9, 2019.

The Veteran underwent a VA back conditions examination in August 2019. The examiner noted a diagnosis of transitional lumbar vertebrae with thoracic syringomyelia. Straight leg testing yielded negative results. The examiner determined that the Veteran did have radicular pain or any other signs or symptoms due to radiculopathy. The examiner also noted that muscle strength testing showed normal strength, reflexes were normal, and the sensory examination showed normal results for the Veteran's lower extremities. See C&P Exam, Back Conditions DBQ, August 2019. 

The Veteran underwent a VA peripheral nerve conditions examination in October 2019. The Veteran reported severe back pain, numbness and tingling down both legs, and that they stopped taking medication because it wasn't working. With respect to the Veteran's RLE, the examiner noted symptoms of moderate constant pain, paresthesias and numbness, and severe intermittent pain. The examiner noted  involvement of the sciatic nerve and characterized the severity of the RLE radiculopathy as moderate. Muscle strength and reflex testing was determined to be normal, and right side thigh/knee and lower leg/ankle sensory testing showed decreased sensation. There was no evidence of any trophic changes and the Veteran's gait was normal. The examiner opined that the Veteran's lower extremity radiculopathy was more likely than not proximately due to or the result of the service-connected lumbar spine condition. See C&P Exam, Peripheral Nerve Conditions DBQ and Medical Opinion DBQ, October 2019. 

As previously noted, the Veteran was awarded service connection for RLE radiculopathy, sciatic nerve, as secondary to a service-connected lumbar spine disability in a November 2019 rating decision. A 10 percent rating was assigned effective April 9, 2019.

On January 29, 2020, the Veteran underwent a VA back conditions examination in conjunction with an increased rating claim for the lumbar spine disability. The Veteran reported that the back condition had worsened; physical therapy and acupuncture provided minimal relief; they had constant lower back pain, nightly pain, numbness and tingling radiating down the left leg to the foot. Notably, the Veteran reported they did not have any symptoms down the right leg. 

Straight leg testing yielded positive results for the left side and negative results for the right side. The examiner determined that the Veteran did not have any RLE constant pain, intermittent pain, paresthesias and/or dysesthesias, numbness, or any other signs or symptoms due to radiculopathy. The examiner also noted that muscle strength testing showed normal RLE strength, reflexes were normal, and the sensory examination showed normal results. The examiner determined the severity of RLE radiculopathy to be "Not affected." See C&P Exam, Back Conditions DBQ, January 2020.

In a February 2020 rating decision, the AOJ noted that the January 2020 VA examination showed an improvement in the Veteran's RLE radicular condition. As such, the disability rating for the Veteran's RLE radiculopathy, sciatic nerve, was decreased from 10 percent to noncompensable effective January 29, 2020.

The Veteran underwent another VA back conditions examination in July 2020. The Veteran reported constant pain from the base of neck down and that his left leg will experience tingling at night. No RLE symptoms were reported. 

Straight leg testing yielded negative results for the Veteran's right side. The examiner determined that the Veteran did not have any RLE constant pain, intermittent pain, paresthesias and/or
 decision, the AOJ noted that the January 2020 VA examination showed an improvement in the Veteran's RLE radicular condition. As such, the disability rating for the Veteran's RLE radiculopathy, sciatic nerve, was decreased from 10 percent to noncompensable effective January 29, 2020.

The Veteran underwent another VA back conditions examination in July 2020. The Veteran reported constant pain from the base of neck down and that his left leg will experience tingling at night. No RLE symptoms were reported. 

Straight leg testing yielded negative results for the Veteran's right side. The examiner determined that the Veteran did not have any RLE constant pain, intermittent pain, paresthesias and/or dysesthesias, numbness, or any other signs or symptoms due to radiculopathy. The examiner also noted that muscle strength testing showed normal RLE strength, reflexes were normal, and the sensory examination showed normal results. The examiner did not comment on the severity of RLE sciatic radiculopathy as the examiner noted there were no signs or symptoms due to radiculopathy. See C&P Exam, Back Conditions DBQ, July 2020. 

The Veteran underwent a VA peripheral nerve conditions examination in December 2020. The examiner determined that the Veteran did not have any symptoms attributable to a RLE peripheral nerve condition, to include constant pain, intermittent pain, paresthesias and/or dysesthesias, or numbness. RLE muscle strength, reflex, and sensory testing was normal. There was no evidence of any trophic changes and the Veteran's gait was normal. The examiner noted that the Veteran's condition had no impact on his ability to work. In the remarks section the examiner stated that based on review of the evidence of record, recent EMG testing, patient interview, and physical examination, there is insufficient evidence to support any current diagnosis of or any symptoms attributable to any RLE radiculopathy, neuropathy, or sciatica. See C&P Exam, Peripheral Nerve Conditions DBQ and Medical Opinion DBQ, December 2020. 

Upon review, the Board finds the reduction of the disability rating for RLE radiculopathy, sciatic nerve, from 10 percent to noncompensable was proper. Apart from isolated findings at the October 2019 VA examination, the record is devoid of any indication that the Veteran has had RLE neurological symptomology associated with his service-connected lumbar spine disability at any time proximate to the April 2019 claim. Regardless, the persuasive weight of the evidence supports a finding that the Veteran's RLE radiculopathy had actually improved at the time of the February 2020 rating decision that effectuated the reduction.

The Veteran competently reported worsening back pain and left leg radicular symptomology at the January 29, 2020 VA examination. The Veteran, however, did not report right leg radicular symptoms and the examiner determined there were no signs or symptoms due to radiculopathy upon examination. Subsequent VA examinations conducted in July 2020, and December 2020 yielded similar results. The Board finds the VA examinations to be highly probative as to the nature, extent, and severity of the Veteran's RLE sciatic radiculopathy. These examinations support a finding of actual improvement in the Veteran's RLE condition and ability to function under the ordinary conditions of life and work. Thus, the rating reduction was proper and restoration of the 10 percent rating is not warranted.

The Board has also considered whether a compensable rating is warranted from the time of the rating reduction (January 29, 2020) to the time of the December 16, 2020 rating decision on appeal. However, the medical evidence of record shows no  signs or symptoms due to RLE radiculopathy during this timeframe. As such, the Veteran's RLE radiculopathy was determined to manifest as asymptomatic incomplete paralysis of the sciatic nerve. As previously noted, a compensable rating under Diagnostic Code 8560 requires that the condition manifest in at least mild incomplete paralysis. That was not demonstrated here. Hence, the Board finds that a compensable rating is not warranted during this timeframe.   

In sum, the Board finds that the evidence persuasively shows actual improvement in the Veteran's RLE radiculopathy, sciatic nerve, disability including improvement in the Veteran's ability to function under the ordinary conditions of life and work. Thus, the rating reduction from 10 percent to noncompensable, effective January 29, 2020, was proper. Furthermore, the evidence persuasively weighs against a compensable rating from January 29, 2020 to the time of the December 16, 2020 rating decision on appeal. As the evidence is persuasively against the claims, the
 That was not demonstrated here. Hence, the Board finds that a compensable rating is not warranted during this timeframe.   

In sum, the Board finds that the evidence persuasively shows actual improvement in the Veteran's RLE radiculopathy, sciatic nerve, disability including improvement in the Veteran's ability to function under the ordinary conditions of life and work. Thus, the rating reduction from 10 percent to noncompensable, effective January 29, 2020, was proper. Furthermore, the evidence persuasively weighs against a compensable rating from January 29, 2020 to the time of the December 16, 2020 rating decision on appeal. As the evidence is persuasively against the claims, the benefit-of-the doubt doctrine is not applicable. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

 

B. D. WATSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. S. Rubin, Associate 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.