BVA Case 13-1860: Back

In January 2012,the Board denied entitlement to a disability rating in excess of 10%for degenerative disc disease of the lumbar spine prior to June 27,2006,and a disability rating in excess of 20%before November 13,2008,for that condition.

In the JMR,the parties agreed that the Board failed to discuss whether Mr.

The parties also agreed that the Board failed to address whether the March and September 2001 range of motion measurements were reflective of a flare-up of Mr.

The Board applied both the old and new rating criteria to the evidence of record and concluded that the preponderance of the evidence was against a finding that the disability picture before November 2005 more nearly approximated or equated to moderate limitation of motion of the lumbar spine under DC 5292,or flexion greater than 30 degrees but not greater than 60 degrees under the General Rating Formula for Diseases and Injuries of the Spine, considering functional loss due to pain and painful movement under 38 C.

However,the Board found that an initial disability rating of 20%was warranted from November 18,2005,the date of a private physical therapy report that recorded flexion to 40 degrees.

The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence it finds persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.

Period Prior to November 2005 The Board determined that, prior to November 2005, the assigned 10%rating was in accordance with the rating criteria in effect prior to September 2002,from September 2002 through September 2003,and since September 2003.