The Veteran's claim for a higher rating for his lumbar spine disability is granted, with the effective date to be determined. The claims for increased ratings of left and right lower extremity radiculopathy are denied prior to July 19, 2012, but granted thereafter. Service connection for cervical spondylosis and stenosis is granted as secondary to his service-connected lumbar spine disability. New and material evidence has been submitted for sleep apnea, bilateral upper extremity peripheral neuropathy, and depression.
The deciding factor: The Veteran's degenerative disc disease of the lumbar spine resulted in an increased rating from 40% to 50%, effective as of the date of this decision. The left lower extremity radiculopathy was rated at 20% prior to July 19, 2012, and at 20% thereafter. Service connection for cervical spondylosis and stenosis is granted as secondary to his service-connected lumbar spine disability. New and material evidence has been submitted for sleep apnea, bilateral upper extremity peripheral neuropathy, and depression.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Cervical Spondylosis and Stenosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 8, 2016
- Citation
- 1622971
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 1622971.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Granted
The Veteran is granted a TDIU due to his service-connected PTSD with major depressive disorder and generalized anxiety disorder, as well as his lumbar spine disorder. The Board found the evidence in balance regarding whether these conditions render him unable to secure or follow a substantially gainful occupation.
- Granted
The Veteran's PTSD is granted as service-connected, and the Board finds that his back disability may be related to service. The case is remanded for a VA examination.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his ability to independently ambulate without aids.
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