BVA Case 22-6516: Back

In May 2021,the Board denied entitlement to an initial evaluation in excess of 10%rating for the back condition prior to March 15,2019,and granted entitlement to initial ratings of 10%for radiculopathy of each lower extremity,effective February 27,2017.

In the JMPR,the parties agreed that in assessing the appellant's pre-March 15,2019,back condition,the Board failed to discuss favorable evidence (July 2014 range-of-motion findings).

Additionally,the parties agreed that in analyzing the appellant's pre-February 27,2017, bilateral lower extremity radiculopathy,the Board failed to discuss favorable evidence (November 2011 statement by the appellant and August 2015 medical records).

For the back condition,the Board found that,during the appeal period and prior to March 15,2019,forward flexion was less than 60 degrees but not limited to 30 degrees or less,and that there was no evidence of unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes lasting at least 6 weeks during a 12-month period.

The Board determined that the evidence showed consistent report[s]of back pain and that the March 2019 examination findings demonstrating limitation of flexion to 60 degrees or less should apply to the entire appeal period.

The Board determined that this finding was outweighed by the rest of the evidence of record and the evidence did not show favorable ankylosis of the entire thoracolumbar spine.

The Board found that the range of motion was,at worst,45 degrees on forward flexion,and the symptoms did not approximate anyklosis.

The Board found that the appellant was also not entitled to a higher rating for IVDS.