Citation Nr: 20041901 Decision Date: 06/19/20 Archive Date: 06/19/20 DOCKET NO. 16-44 629 DATE: June 19, 2020 ORDER Entitlement to a disability rating in excess of 10 percent for chronic lumbar strain is denied. FINDING OF FACT Throughout the period on appeal, the Veteran's chronic lumbar strain has been manifested by painful motion; and the evidence does not show a combined range of motion of the thoracolumbar spine not greater than 120 degrees, forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. CONCLUSION OF LAW The criteria for a disability rating in excess of 10 percent for chronic lumbar strain have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.3, 4.7, 4.71a, Diagnostic Codes (DC) 5242-5237. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from August 2001 to July 2006, to include approximately 3 years of foreign service. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in July 2012 by a Department of Veterans Affairs (VA) Regional Office (RO). The issue of an increased rating for chronic lumbar strain was previously remanded by the Board in a November 2018 decision for additional development. It is now before the Board for further appellate review. Entitlement to a disability rating in excess of 10 percent for chronic lumbar strain The Veteran is seeking a disability rating in excess of 10 percent for his service-connected chronic lumbar strain. Disability ratings are determined by the applications of the VA’s Schedule for Rating Disabilities. 38 C.F.R. Part 4. The percentage ratings contained in the Rating Schedule represent, as far as can be practicably determined, the average impairment in earning capacity resulting from diseases and injuries incurred or aggravated during service and their residual conditions in civil occupations. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321(a), 4.1. Pertinent regulations do not require that all cases show all findings specified by the Schedule, but that findings sufficient to identify the disease and the resulting disability and, above all, coordination of the rating with impairment of function will be expected in all cases. 38 C.F.R. § 4.21; Mauerhan v. Principi, 16 Vet. App. 436. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. 38 C.F.R. § 4.3. Where there is a question as to which of two ratings shall be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. Under the General Rating Formula for Diseases and Injuries of the Spine, a 10 percent evaluation is warranted if forward flexion of the thoracolumbar spine is greater than 60 degrees but not greater than 85 degrees; combined range of motion of the thoracolumbar spine is greater than 120 degrees but not greater than 235 degrees; or muscle spasm, guarding, or localized tenderness not resulting in an abnormal gait or abnormal contour. A 20 percent evaluation is warranted if forward flexion of the thoracolumbar spine is greater than 30 degrees but not greater than 60 degrees, the combined range of motion of the thoracolumbar spine is not greater than 120 degrees, or if there is muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. A 40 percent evaluation is warranted if forward flexion of the thoracolumbar spine is 30 degrees or less or there is favorable ankylosis of the entire thoracolumbar spine. A 50 percent evaluation is warranted if there is unfavorable ankylosis of the entire thoracolumbar spine. A 100 percent evaluation is warranted for unfavorable ankylosis of the entire spine. 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine. Normal ranges of motion of the thoracolumbar spine are flexion from 0 to 90 degrees, extension from 0 to 30 degrees, lateral flexion from 0 to 30 degrees, and lateral rotation from 0 to 30 degrees. 38 C.F.R. § 4.71, Plate V. The Veteran's chronic lumbar strain is currently evaluated at 10 percent due to limitation of motion. Pursuant to November 2018 Board remand directives, the Veteran was afforded a VA examination in September 2019. During the examination, the Veteran had normal range of motion measurements and reported pain during motion. The pain during motion did not result in functional loss. The examination was conducted during a flare-up and it was reported that there was no significant limitation on functional ability during flare-ups. Additionally, the Veteran did not have guarding or muscle spasm of the thoracolumbar spine, and he did not have muscle atrophy or ankylosis. Earlier examinations and treatment records are largely consistent with the findings of this most recent examination; though the Board has reviewed them, consistent with its findings below, an extended discussion of them is unnecessary. Upon reviewing the evidence of record, the Board finds that a disability rating in excess of 10 percent for chronic lumbar strain is not warranted. Over the course of the appeals period, the Veteran’s range of motion has never been so limited as to warrant a 20 percent rating, even considering the Veteran’s reports of painful motion and flare-ups. Indeed, the most recent examination noted that it was being conducted during such a flare-up, and even at that time, the Veteran’s range of motion was beyond that required for a 20 percent rating. None of the evidence similarly demonstrates that the Veteran has any of the other enumerated criteria for an increased rating for his back disability. Accordingly, entitlement to a disability rating in excess of 10 percent for the Veteran’s service-connected chronic lumbar strain is denied. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. K. Hall, Associate 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.