Citation Nr: 0813043 Decision Date: 04/21/08 Archive Date: 05/01/08 DOCKET NO. 04-00 270 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in . THE ISSUE Entitlement to an initial rating higher than 10 percent for degenerative disc disease of the lumbar spine before June 27, 2006, and an initial rating higher than 20 percent from June 27, 2006. REPRESENTATION Veteran represented by: Jill Mitchell, Attorney at Law ATTORNEY FOR THE BOARD J. Horrigan INTRODUCTION The veteran, who is the appellant, served on active duty from September 1974 to September 1978. This matter is before the Board of Veterans Appeals (Board) on appeal of a rating decision, dated in October 2002, of a Regional Office (RO) of the Department of Veterans Affairs (VA), granting service connection for degenerative disc disease of the lumbar spine and assigning an initial rating of 10 percent, effective from November 4, 1994, the date of receipt of the claim of service connection. While on appeal in a rating decision in May 2007, the RO increased the rating to 20 percent disabling, effective June 27, 2006. The claim is REMAND to the RO via the Appeals Management Center in Washington, DC. REMAND The lumbar disc disease is currently rating 20 percent disabling. Under the General Formula for Diseases and Injuries to the Spine, any associated objective neurological abnormalities are to be rated separately. On VA examination in June 2006, on sensory evaluation, the veteran complained that he could feel light touch in the lateral and medial aspects of the lower legs. A MRI revealed a disc protrusion that had not displaced the neural structures. The diagnosis was acute lumbosacral strain without radiculopathy. In view of the difference between the veteran's complaint and the diagnosis and in order to determine whether there is any associated objective neurological abnormalities, a reexamination, pursuant to 38 C.F.R. § 3.327(a), is needed, and the claim is REMANDED for the following action. 1. Schedule the veteran for a VA neurological examination to include an electromyography study to determine whether there are objective neurological abnormalities in the lower extremities associated with degenerative disc disease of the lumbar spine. The claims folder must be made available to the examiner for review. If there are objective neurological abnormalities in the lower extremities associated with degenerative disc disease of the lumbar spine, the examiner is to describe the abnormality as either unilateral or bilateral and whether or not the involvement is wholly sensory. 2. After the above development has been completed, readjudicate the claim. If the claim remains denied, furnish the veteran a supplemental statement of the case and return the case to the Board. The veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ George E. Guido Jr. Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007). Department of Veterans Affairs