Court Remands Case for Higher Ratings on Veteran’s Back Condition and Radiculopathy
The Court of Appeals for Veterans Claims recently vacated and remanded a Board decision denying increased ratings for a veteran’s intervertebral disc syndrome (IVDS) and bilateral lower extremity radiculopathy. The veteran sought ratings exceeding 10% for both conditions, arguing the Board failed to address key evidence.
Background
The veteran, who served from April 1999 to March 2004, filed a claim for a back condition in October 2015. The VA granted service connection with a noncompensable rating, which was later increased to 10%. Additional ratings for bilateral radiculopathy were assigned at 10% each, effective October 2018. The veteran appealed, seeking higher ratings and earlier effective dates for the radiculopathy.
Key Evidence and Issues
1. Inadequate Consideration of Flare-Up Symptoms:
The Board ignored the veteran’s testimony about immobilizing flare-ups and did not consider how these affect his functional ability.
2. Overlooked Private Medical Opinion:
An April 2022 private opinion described advanced IVDS symptoms warranting a 20% rating. The Board failed to address this evidence.
3. Failure to Define “Mild” and “Moderate”:
For radiculopathy, the Board did not clarify the criteria distinguishing mild from moderate symptoms, rendering its decision unreviewable.
Court Findings
The Court found that the Board’s reasoning was inadequate and unsupported by the evidence. It agreed with the veteran that the Board must:
– Reassess the private medical opinion on advanced IVDS.
– Define “mild” and “moderate” paralysis for radiculopathy ratings.
– Evaluate the veteran’s testimony and the impact of flare-ups.
Outcome
The Court vacated the Board’s decision and remanded the case for further proceedings. This ruling highlights the importance of thorough evidence analysis and clear reasoning in veterans’ disability cases.
