PARALYSIS OF SCIATIC NERVE

Summary

The veteran, who served from April 2003 to February 2008, appeals the denial of a disability rating greater than 10 percent for bilateral lower extremity radiculopathy. The veteran contended that his condition was more severe than the current 10 percent evaluations, citing intermittent tingling and numbness, and a reported fall due to lower extremity symptoms. The Board reviewed the evidence, including the January 2025 VA examination report. Objective testing during the examination revealed normal muscle strength, normal reflexes, and no muscle atrophy in the bilateral lower extremities. While decreased sensation was noted, the examiner characterized the condition as mild incomplete paralysis. The Board found the radiculopathy to be wholly sensory, lacking objective evidence of motor impairment or functional loss. The Veteran's report of a fall was not corroborated by objective findings demonstrating motor weakness. Applying the criteria for paralysis of the sciatic nerve, the Board concluded that the disability picture did not meet the criteria for moderate incomplete paralysis or higher. Therefore, the Board denied entitlement to a disability rating greater than 10 percent for both left and right lower extremity radiculopathy.

Rationale

Wholly sensory in nature; No objective motor impairment; Normal motor strength, reflexes, gait

Full Decision Text

Citation Nr: A26040979
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 250711-564230
DATE: April 30, 2026

ORDER

Entitlement to a disability rating greater than 10 percent for left lower extremity (LLE) radiculopathy is denied.

Entitlement to a disability rating greater than 10 percent for right lower extremity (RLE) radiculopathy is denied.

FINDINGS OF FACT

1. The Veteran's LLE radiculopathy was manifested by mild incomplete paralysis; it was not manifested by moderate or moderately severe incomplete paralysis, severe incomplete paralysis with marked muscular atrophy, or complete paralysis.

2. The Veteran's RLE radiculopathy was manifested by mild incomplete paralysis; it was not manifested by moderate or moderately severe incomplete paralysis, severe incomplete paralysis with marked muscular atrophy, or complete paralysis.

CONCLUSIONS OF LAW

1. The criteria for a disability rating greater than 10 percent for LLE radiculopathy are not met.  38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 4.1, 4.3, 4.7, 4.124a, Diagnostic Code (DC) 8520.

2. The criteria for a disability rating greater than 10 percent for RLE radiculopathy are not met.  38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 4.1, 4.3, 4.7, 4.124a, DC 8520.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from April 2003 to February 2008.  

He appeals an April 2025 rating decision by the Agency of Original Jurisdiction (AOJ).  In his July 2025 notice of disagreement (NOD), the Veteran appealed the decision directly to the Board and chose the Direct Review docket.  See July 2025 VA Form 10182.  Therefore, the Board may only consider the evidence of record at the time of the AOJ decision on appeal.  38 C.F.R. § 20.301.

Disability ratings are determined by applying a schedule of ratings based on average impairment of earning capacity.  Separate diagnostic codes identify the various disabilities.  38 U.S.C. § 1155; 38 C.F.R. Part 4.  Each disability must be viewed in relation to its history and the limitation of activity imposed by the disabling condition should be emphasized.  38 C.F.R. § 4.1.

When considering the propriety of the initial evaluation assigned, consideration of the medical evidence since the effective date of the award of service connection is required.  See Fenderson v. West, 12 Vet. App. 199, 125-26 (1999).  When there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating; otherwise, the lower rating will be assigned.  See 38 C.F.R. § 4.7.

In deciding claims, it is the Board's responsibility to evaluate the entire record on appeal.  See 38 U.S.C. § 7104(a).  Although the Board has an obligation to provide reasons and bases supporting this decision, there is no need to discuss each piece of evidence submitted by the Veteran or on his behalf.  See Gonzales v. West, 218 F.3d 1378, 1380-81 (2000).  Rather, the Board's analysis below will focus specifically on what evidence is needed to substantiate the claim and what the evidence in the claims file shows, or fails to show, with respect to the claim.  See Timberlake v. Gober, 14 Vet. App. 122, 128-30 (2000).

The Veteran's service-connected bilateral lower extremity radiculopathy is rated at 10 percent disabling for each lower extremity under 38 C.F.R. § 4.124a, DC 8520.

Paralysis of the sciatic nerve is evaluated in accordance with the criteria set forth in 38 C.F.R. § 4.124a, DC 8520.  Under these criteria, mild incomplete paralysis of the sciatic nerve warrants a 10 percent disability rating, moderate incomplete paralysis warrants a 20 percent disability rating, moderately severe
 or fails to show, with respect to the claim.  See Timberlake v. Gober, 14 Vet. App. 122, 128-30 (2000).

The Veteran's service-connected bilateral lower extremity radiculopathy is rated at 10 percent disabling for each lower extremity under 38 C.F.R. § 4.124a, DC 8520.

Paralysis of the sciatic nerve is evaluated in accordance with the criteria set forth in 38 C.F.R. § 4.124a, DC 8520.  Under these criteria, mild incomplete paralysis of the sciatic nerve warrants a 10 percent disability rating, moderate incomplete paralysis warrants a 20 percent disability rating, moderately severe incomplete paralysis warrants a 40 percent rating, and severe incomplete paralysis with marked muscle atrophy warrants a 60 percent disability rating.  See 38 C.F.R. § 4.124a, DC 8520.  An 80 percent disability rating is warranted for complete paralysis, where the foot dangles and drops, there is no active movement possible of the muscles below the knee, and flexion of the knee is weakened or (very rarely) lost.  Id.

The term "incomplete paralysis" indicates a degree of lost or impaired function substantially less than complete paralysis with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.

The words "mild," "moderate," and "severe" are not defined in the VA Schedule for Rating Disabilities.  Regulations provide that ratings for peripheral neurological disorders are to be assigned based the relative impairment of motor function, trophic changes, or sensory disturbance.  38 C.F.R. § 4.120.  Consideration is also given for loss of reflexes, pain, and muscle atrophy.  See 38 C.F.R. §§ 4.123, 4.124.

For the purposes of this adjudication, "mild" means limited sensory deficits that are lower graded, less persistent, or affecting a small area, such as having only hypoactive reflexes solely the knee or ankle.  "Moderate" means motor or reflex impairment such as weakness or diminished or hyperactive reflexes graded higher than mild.  "Moderately severe" means a level of impairment that includes more severe levels of muscle weakness than that found in moderate, with hyperactive or absent reflexes, and diminished or absent sensation.  "Severe" means motor and reflex impairment at a grade reflecting a very high level of limitation.  For example, peripheral neuritis that is characterized by loss of reflexes, muscle atrophy, sensory disturbances, and constant pain, at times excruciating, is to be rated with a maximum equal to severe incomplete paralysis.  See 38 C.F.R. § 4.123.  The Board will use the characterization of severe incomplete paralysis for neuritis in 38 C.F.R. § 4.123 to define "severe" incomplete paralysis within DC 8520.  Thus, for a rating in between mild and severe incomplete paralysis, a veteran would need to display at least some muscle, sensory, and/or reflex impairment, but would not need to display all the symptoms required of severe incomplete paralysis, including impaired reflexes, muscles, and sensation in addition to self-reported sensory symptoms of pain, numbness, and tingling.

Importantly, for this Veteran's case, when the involvement is wholly sensory the rating is for the mild, or at most, the moderate degree.  38 C.F.R. § 4.124a, Note at "Diseases of the Peripheral Nerves."  There is a maximum disability rating for conditions that are wholly sensory, as opposed to a minimum disability rating for conditions that are more than wholly sensory.  See Miller v. Shulkin, 28 Vet. App. 376 (2017).  For the purposes of this adjudication, a veteran's case is wholly sensory when testing reflects no actual physical impairment but a veteran self-reports sensation such as pain, paresthesias, dysesthesias, and numbness.

The Veteran contends that his bilateral lower extremity radiculopathy is more severe than reflected by the currently assigned 10 percent evaluations, to include reports of intermittent tingling and numbness, and a reported fall due to lower extremity symptoms.  See January 2025 VA examination report.

Upon VA examination in January 2025, the Veteran reported mild intermittent dull pain, mild paresthesias, and mild numbness of the bilateral lower extremities.  Objective testing, however, revealed normal muscle strength (5/5) in all tested muscle groups, normal reflexes (2+) at the knees and ankles, and no muscle atrophy.  Gait was normal, and the Veteran did not require the use of assistive
.

The Veteran contends that his bilateral lower extremity radiculopathy is more severe than reflected by the currently assigned 10 percent evaluations, to include reports of intermittent tingling and numbness, and a reported fall due to lower extremity symptoms.  See January 2025 VA examination report.

Upon VA examination in January 2025, the Veteran reported mild intermittent dull pain, mild paresthesias, and mild numbness of the bilateral lower extremities.  Objective testing, however, revealed normal muscle strength (5/5) in all tested muscle groups, normal reflexes (2+) at the knees and ankles, and no muscle atrophy.  Gait was normal, and the Veteran did not require the use of assistive devices.  The examiner identified decreased sensation in multiple dermatomes of the bilateral lower extremities but no motor deficits or trophic changes.  The examiner ultimately characterized the bilateral sciatic nerve involvement as mild incomplete paralysis.  See January 2025 VA examination report.

The Board finds the Veteran's bilateral lower extremity radiculopathy is wholly sensory in nature.  While the Veteran is competent to report symptoms such as pain, numbness, and tingling, objective neurological testing consistently demonstrates normal motor strength, normal reflexes, and normal gait.  There is no evidence of muscle atrophy, functional motor impairment, or abnormal reflexes attributable to radiculopathy.

The Board acknowledges the Veteran's report of a fall associated with perceived loss of strength and sensation.  However, this report is not corroborated by objective clinical findings demonstrating motor weakness or neurologic impairment sufficient to affect ambulation.  Rather, examination findings reflect normal strength and gait mechanics, weighing against a finding of functional impairment beyond sensory disturbance.

Overall, the Board finds the Veteran's bilateral lower extremity radiculopathy is manifested by, at most, sensory disturbances including numbness, tingling, and intermittent pain.  As the disability is wholly sensory in nature without objective evidence of motor impairment, diminished reflexes, or functional loss, the criteria for moderate incomplete paralysis are not met.

Accordingly, the Board finds that ratings in excess of 10 percent for bilateral lower extremity radiculopathy are not warranted.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Poe, 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.