Have claim for lower back and wonder if they use the second range of motion?

[dsd84dsd]

Did a C@P exam on my back and the second ROM might equal out to 40 percent disabling.Had a flare up on the second ROM when she measured me.  Which set do they use?

[ChrisinVa]

Based on what you have said, the examiner should take the worst case.  However, you never know what the doctors will do or the people reviewing the claims.  I have had this issues after five C and P for my back.  Last time I took records from my own doctor when they measured me after a flare up and it is night and day difference.  I have never seen such a cluster and mess but when it comes to back injuries and C and P exams.  For example, I never claimed sciatica, after my exam and rating, they gave me 20% for the left leg.  Yes, I have issues with my left, but my right leg is 100 times worse.  I refiled a few weeks later C and P exam again, three days later they approved 20% for my right leg.  Granted, I never claimed either, I claimed thoracic and cervical issues with nerve damage in my neck into my arms and hands, they rated my legs......go figure