The Veteran's claims for increased ratings for lumbar strain and cervical strain with spondylosis at C4-5 were denied. The RO assigned a 40 percent evaluation for the lumbar strain effective from October 13, 2004.
The deciding factor: The VA examiner found that the Veteran's low back disability was manifested by chronic pain and limitation of motion without radiculopathy or other neurological impairment; functional loss due to pain during flare-ups was not demonstrated. For his cervical strain, there were intermittent numbness and mild neurologic symptoms with diminished deep tendon reflexes in both upper extremities.
- Claimed conditions
- Lumbar Strain, Cervical Strain with Spondylosis at C4-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 26, 2009
- Citation
- 0931993
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0931993.
What this means for you
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What you can do next
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- Granted
The Veteran is granted a TDIU from October 12, 2016 to November 12, 2018 and from January 1, 2019 to July 22, 2019 due to service-connected disabilities preventing him from securing or following any substantially gainful occupation.
- Remanded (sent back)
The Veteran's death was caused by heart failure, which the Board finds may be service-connected through secondary service connection due to obesity resulting from his service-connected PTSD and back disability. However, VA failed to obtain a medical opinion addressing whether obesity is a substantial factor in causing heart failure.
- Granted
The Veteran's service-connected PTSD, lumbar strain, and right shoulder strain have rendered him unable to secure or follow a substantially gainful occupation since October 17, 2018. TDIU is granted effective from that date.
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