http://www.va.gov/vetapp16/Files4/1634330.txt
Citation Nr: 1634330 Decision Date: 08/31/16 Archive Date: 09/06/16DOCKET NO. 10-07 649 ) DATE ) )On appeal from theDepartment of Veterans Affairs Regional Office in New Orleans, LouisianTHE ISSUEEntitlement to a disability rating in excess of 10 percent prior to OctREPRESENTATIONVeteran represented by: Larry Stokes, AgentATTORNEY FOR THE BOARDK.C. Spragins, Associate CounselINTRODUCTIONThe Veteran had different periods of duty in the United States Army ResThis matter initially came to the Board of Veterans' Appeals (Board) on During the pendency of the appeal, a July 2012 rating decision assigne In a February 2015 decision, the Board remanded the case to the Agency This appeal was processed using the Virtual VA paperless claims process FINDINGS OF FACT1. Prior to March 2, 2007, the Veteran's chronic lumbar strain was man2. From March 2, 2007 to August 21, 2009, the Veteran's chronic lumbar 3. From August 22, 2009 to September 30, 2009, the Veteran's chronic l4. From October 1, 2009 to November 14, 2011, the Veteran's chronic lu5. From November 15, 2011 to August 3, 2014, the Veteran's chronic lu 6. On and after August 4, 2014, the Veteran's chronic lumbar strain wa
CONCLUSIONS OF LAW1. Prior to March 2, 2007, the criteria for a disability rating in exc 2. From March 2, 2007 to August 21, 2009, the criteria for a 20 percen 3. From August 22, 2009 to September 30, 2009, the criteria for a 40 p4. From October 1, 2009 to November 14, 2011, the criteria for a disab5. From November 15, 2011 to August 3, 2014, the criteria for a disabi6. On and after August 4, 2014, the criteria for a disability rating i REASONS AND BASES FOR FINDINGS AND CONCLUSIONSI. Duties to Notify and AssistThe Veterans Claims Assistance Act of 2000 as amended (VCAA) and impleVA is required to notify the claimant and her representative of any infThe VCAA also requires VA to make reasonable efforts to help a claimant In this case, the AOJ obtained the Veteran's service treatment records The Board finds that the August 2014 VA examination is adequate for rat The February 2015 remand instructed the AOJ to send the Veteran a lette The Board additionally stated that the RO should complete any additiona Accordingly, the Board finds that the AOJ has substantially complied wi In light of the foregoing, the Board finds that VA's duties to notify a II. Laws and RegulationsDisability ratings are determined by applying the criteria set forth in The evaluation of a service-connected disorder requires a review of a When, as here, the Veteran is requesting a higher rating for an already When there is an approximate balance of positive and negative evidence Disability of the musculoskeletal system is primarily the inability, du Pain on movement, swelling, deformity, or atrophy of disuse as well as
The Veteran's service-connected chronic lumbar strain is rated under DiAny associated objective neurological abnormalities, including, but not For VA compensation purposes, normal range of motion for the thoracolu Moreover, for VA compensation purposes, unfavorable ankylosis is a conUnder Diagnostic Code 5003, degenerative arthritis established by x-ray Under Diagnostic Code 5243, intervertebral disc syndrome may be rated uAn incapacitating episode is defined as a period of acute signs and syChronic Lumbar Strain from December 19, 2005 to September 30, 2009On December 19, 2005, a physical therapy note from the Clark Medical Gr In January 2006, a Clark Medical Group record stated that the Veteran rThe Veteran's lumbar spine disability was later evaluated during a Marc Range of motion testing showed that the Veteran had 90 degrees of flexi The bilateral lower extremity reflexes showed a knee jerk of 2+ (normal Following this examination, a December 2006 VA treatment reported that In March 2, 2007, another VA examination related to the Veteran's lumba During range of motion testing, the Veteran had 45 degrees of flexion, In addition, the sensory examination reflected normal results (2 out of Upon inspection of the spine, there was symmetry in its appearance and The examiner documented that that the Veteran had a history of urinary The examiner opined that the lumbar spine disability had significant efIn April 2007, the Veteran reported in a VA treatment record that she According to a VA treatment record, the Veteran continued to have norma In June 2007, the Veteran reported an increase in low back pain in a V In January 2008, a record from Dr. L. stated that the Veteran's low bac A subsequent October 2008 VA treatment record noted that the Veteran's Later in June 2009, the assessment was low back pain with lumbar radicuThe Veteran was provided with an additional VA examination to assess he
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