Background - Veteran served on active duty 1993–2001 and appealed a July 2012 RO rating decision for a service‑connected lumbar spine disorder. - January 2012 VA exam: forward flexion ≥90°, extension 30°, no objective painful motion, no radiculopathy; rated 10% under DC 5237 prior to April 5, 2017. - Imaging (2014 MRI) showed degenerative disc disease at L5‑S1 (and L4‑5); intermittent private/chiropractic records describe pain, spasms, and flareups. - December 2016 Board remand led to April 2017 VA exams diagnosing degenerative arthritis/IVDS; examiner recorded flexion 0–60°, extension 0–25°, pain with ROM, reported flareups, and concluded bilateral mild incomplete sciatic paralysis; no objective documentation of incapacitating episodes in file. - VA awarded 60% under the IVDS formula effective April 5, 2017; Board reviewed whether higher ratings were warranted before and after that date and denied increases. ### Issues | Issue | Veteran's Argument | VA's Argument | Held | |---|---:|---:|---:| | 1. Rating >10% for lumbar degenerative disc disease prior to Apr 5, 2017 | Back worsened; pain, functional loss, and lay reports justify higher rating | Objective ROM and neurologic testing during the period do not meet higher rating criteria; no objective radiculopathy | Denied — pre‑Apr 5, 2017 ROM and findings do not meet criteria for >10% | | 2. Rating >60% for IVDS with radiculopathy since Apr 5, 2017 | April 2017 exam documents severe ROM loss, flareups, and bilateral radiculopathy warrant >60% or separate neurologic rating | April 2017 records lack objective documentation of incapacitating episodes and no neurological findings beyond mild incomplete sciatic paralysis; 60% is highest under IVDS absent ankylosis | Denied — 60% under IVDS is the highest appropriate rating; no evidence of unfavorable ankylosis or greater neurologic impairment | ### Key Cases Cited Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance standard) Allday v. Brown, 7 Vet. App. 517 (1995) (Board must provide reasons or bases) Davidson v. Shinseki, 581 F.3d 1313 (2009) (medical evidence is often more probative than lay opinion for complex conditions) King v. Shinseki, 700 F.3d 1339 (2012) (limitations on lay evidence for medical determinations) Jandreau v. Nicholson, 492 F.3d 1372 (2007) (competency of lay witnesses for observable symptoms) Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (benefit of the doubt rule)