Pursuant to 38 C.F.R. § 3.2601 and the Appeals Modernization Act, I respectfully request a Higher-Level Review of the rating decision dated [DECISION DATE] assigning a 10 percent evaluation for my service-connected lumbosacral strain (Diagnostic Code 5237). The findings of record support a 20 percent evaluation, and I request that the rating be increased accordingly with an effective date relating back to my original claim of [ORIGINAL CLAIM DATE].

Specific error of law or fact. The C&P examination conducted on [EXAM DATE] by [EXAMINER NAME] documented muscle spasm of the thoracolumbar spine with "abnormal gait and abnormal spinal contour" (see exam report, page [PAGE]). Under 38 C.F.R. § 4.71a, General Rating Formula for Diseases and Injuries of the Spine, a 20 percent evaluation is warranted for "muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour." The exam findings of record meet this criterion verbatim. The rating decision applied only the 10 percent criterion ("muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour"), which conflicts with the documented exam findings.

Relief requested. I respectfully request that the Higher-Level Reviewer (1) grant a 20 percent evaluation for Diagnostic Code 5237 effective [ORIGINAL CLAIM DATE]; (2) award retroactive benefits from that effective date; and (3) issue an amended rating decision reflecting the corrected evaluation. No new evidence is submitted; this request is based on a difference of opinion regarding the correct application of the rating schedule to the existing record.

I am available for an informal conference with the Higher-Level Reviewer if it would assist in resolving this matter. I may be reached at [PHONE] or [EMAIL].

Thank you for your time and consideration of my appeal.