Citation Nr: 21022955 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 18-23 090A DATE: April 19, 2021 ORDER A disability rating greater than 20 percent for lumbosacral strain is denied. FINDING OF FACT The Veteran’s lumbosacral spine strain is manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but less than 60 degrees. CONCLUSION OF LAW The criteria for a disability rating greater than 20 percent for lumbosacral spine strain are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.321, 3.400, 4.1, 4.2, 4.7, 4.40, 4.45, 4.71a, Diagnostic Code (DC) 5242-5237. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from October 2003 to February 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2016 rating decision. The Board remanded the claim in January 2019 to obtain medical opinions. The Board finds that there has been substantial compliance with the remand directives. Stegall v. West, 11 Vet. App. 268 (1998). Disability ratings are determined by applying the criteria set forth in VA’s Schedule for Rating Disabilities. The percentage ratings are based on the average impairment of earning capacity and individual disabilities are assigned separate diagnostic codes. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Any reasonable doubt regarding a degree of disability will be resolved in favor of the veteran. 38 C.F.R. § 4.3. The Board may consider whether separate ratings may be assigned for separate periods of time, a practice known as “staged ratings,” whether or not the claim concerns an initial rating. Fenderson v. West, 12 Vet. App. 119, 126-27 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). The Veteran was granted service connection for lumbar spine strain and assigned an initial 10 percent rating under 38 C.F.R. § 4.71a, DC 5242-5237 effective from April 28, 2016. During the pendency of this appeal the Veteran’s rating was increased to 20 percent effective April 28, 2016 in a May 2020 rating decision. As this was not a full grant of benefits sought, the Veteran’s claim is still considered on appeal. DC 5242-5237 is part of the General Rating Formula for Diseases and Injuries of the Spine. A higher 40 percent rating under that formula is assigned when forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine. In this case, a 20 percent rating is warranted. An October 2019 VA examination documented forward flexion of 58 degrees, even when accounting for pain and repetitive testing. DeLuca v. Brown, 8 Vet. App. 202 (1995). Further, the combined range of motion after repetitive-use testing was less than 120 degrees. Lastly, there was no showing of muscle spasm or guarding. These findings are all consistent with a 20 percent rating. Further, the October 2019 VA examination did not find any ankylosis of the thoracolumbar spine required for a rating greater than 20 percent. Therefore, a rating greater than 20 percent is not warranted. Based on the foregoing, and resolving reasonable doubt in favor of the Veteran, the criteria for the assignment of a 20 percent disability rating for the service-connected lumbosacral strain have been more nearly approximated during the period on appeal. The General Rating Formula contemplates separate ratings for neurologic abnormalities. However, the October 2019 VA examination noted no neurologic abnormalities or findings related to a thoracolumbar spine condition. The above findings illustrate that the 20 percent rating, but no higher is warranted under DC 5242-5237. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jorge Barroso, 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.