Citation Nr: 0813695 Decision Date: 04/25/08 Archive Date: 05/01/08 DOCKET NO. 05-32 274 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to a disability rating in excess of 10 percent for a lumbar spine disability. ATTORNEY FOR THE BOARD H. E. Costas, Counsel INTRODUCTION The veteran served on active duty from August 1974 to August 1978 and from March 1982 to March 1998. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Texas. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran alleges entitlement to a disability rating in excess of 10 percent for his lumbar spine disability. He has submitted that his lumbar sine disability results in severe pain, discomfort, muscle spasms, incapacitating episodes, and radiculopathy. Since his last VA examination, in August 2005, the veteran has undergone nerve blocks/epidural injections to treat his low back pain, which radiates into his lower extremities. The veteran should be afforded an additional VA examination to ascertain the current severity of his lumbar spine disability. Accordingly, the case is REMANDED for the following action: 1. The veteran should be afforded a VA examination to determine the nature and extent of his service-connected lumbar spine disability. The claims file should be made available to the examiner for review. The examiner is requested to identify all symptoms that are related to the veteran's service-connected lumbar spine disability. The examiner is requested to set forth in degrees of excursion any limitation of motion of the veteran's lumbar spine that is related to his service-connected disability. In so doing, the examiner is requested to do the following: (1) express an opinion as to whether pain that is related to the veteran's lumbar spine disability, could significantly limit the functional ability of the lumbar spine during flare-ups or when the lumbar spine is used repeatedly over a period of time, and express these determinations, if feasible, in terms of the additional loss of range of motion due to pain on use or during flare-ups; and (2) determine whether as a result of the service-connected lumbar spine disability, the low back exhibits weakened movement, excess fatigability, or incoordination, and express these determinations, if feasible, in terms of the additional loss of range of motion due to any weakened movement, excess fatigability, or incoordination. If the examiner is unable to offer an opinion with respect to whether or not these factors result in additional loss of range of motion, it should be so stated. The examiner should state whether there are any abnormal neurological findings pertaining to the lumbar spine disability, i.e., symptoms reflective of incomplete or complete paralysis of the sciatic nerve, including any degree of incomplete paralysis if demonstrated. The examiner is also requested to indicate whether the lumbar spine disability results in incapacitating episodes that are defined as a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician. If incapacitating episodes are identified, the examiner is requested to indicate the total duration of episodes and the frequency of episodes. The examiner is also requested to offer an opinion as to whether the veteran's service-connected lumbar spine disability, causes the veteran to be unable to obtain and retain substantially gainful employment. 2. Thereafter, the RO should readjudicate the issues on appeal. If the benefits sought on appeal are not granted to the veteran's satisfaction, the RO should issue to the veteran and her representative a Supplemental Statement of the Case and afford them the appropriate opportunity for response thereto. The appellant has the right to submit additional evidence and argument on the matter or matters 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. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ James L. March 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).