The Veteran's claims for increased ratings and temporary total evaluations have been denied as the claim was received more than one year after the surgeries, which is not within the exception to the rule establishing the effective date of a claim for increased rating.
The deciding factor: The claim for a temporary total evaluation under the provisions of 38 C.F.R. § 4.30 based on need for convalescence following surgeries performed in January and May 2008 was received by the RO more than one year after the surgeries, which is not within the exception to the rule establishing the effective date of a claim for increased rating.
- Claimed conditions
- Degenerative Disc Disease (DDD), Degenerative Joint Disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 12, 2014
- Citation
- 1454780
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. Read the original VA decision (opens in a new tab) using citation 1454780.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for Degenerative Disc Disease (DDD) is being remanded due to a failure to provide the Veteran with a VA examination in connection with her claim. The Board finds that this was a pre-decisional duty to assist error and requires rescheduling of the examination.
- Whole decision: Granted
The Veteran's degenerative disc disease is related to service and the Board has granted service connection for this condition.
- Whole decision: Granted
The Board has granted an effective date of August 7, 2023 for the grant of service connection for Degenerative Disc Disease and Intervertebral Disc Syndrome (also claimed as a back condition), and bilateral lower extremity sciatic neuropathy.
- Whole decision: Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.