8520 Sciatic Nerve Rating

[elcamino_77us]

I am trying to find the criteria of how the VA determines the percentage of service connection for radiculopathy with sciatic nerve involvement. I've looked at 38 CFR 4.124a, it doesn't specify.

The following is from my recent VA Claim:

Please note: The VA examination of January 2, 2013, shows the examiner indicated the level of severity of your radiculopathy was moderate. A higher evaluation is not warranted for the moderate level unless there are objective signs of absent sensation. The cited examination shows decreased sensation only.

We have assigned a 10 percent evaluation for your sciatic nerve, based on mild incomplete paralysis.

The Rater stated that "The cited examination shows decreased sensation only." The Doctor Checked the "Moderate" Boxes for Numbness, Left & Right and the "Moderate" Boxes for radiculopathy, Left and Right.

Any info would be appreciated and helpful.

Thanks,

Billy

[ArNG11]

Moderate Sciatic neuritis should be 20% if I am not mistaken.

[elcamino_77us]

Thanks for the reply. That's what I thought a well, must be VA math.

Billy

[brokensoldier244th]

Moderate as determined by a doctor and by a rater are two different things.

Words such as "moderate," "moderately severe" and "severe"
are not defined in the Rating Schedule. Rather than applying
a mechanical formula, the Board must evaluate all of the
evidence to the end that its decisions are "equitable and
just." 38 C.F.R. 4.6 (2008). Use of terminology such as
"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.

BVA citation Nr 0907858
Decision date 03/04/09

The same citation also notes that the following.

The assignment of a particular diagnostic code is "completely
dependent on the facts of a particular case." See Butts v.
Brown, 5 Vet. App. 532, 538 (1993). 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. Any change in a diagnostic
code by VA must be specifically explained. Pernorio v.
Derwinski, 2 Vet. App. 625 (1992).

[elcamino_77us]

Thanks Brokensoldier244th,

Truly Sorry about the delayed reply, haven't had any time the past couple of night. That reply gives me a really good starting point to help in my appeal. along with some other ideas I have.

Thanks again!!!

Billy