The Veteran's claims for service connection and increased ratings were denied. The claim for an initial rating greater than 40 percent for left lower extremity sciatic radiculopathy was also denied.
The deciding factor: There is no medical evidence linking the cervical spine DDD to military service, and the Veteran did not provide any competent medical evidence of a nexus between current disability and disease or injury during service. The VA examiner's opinion against the claim carries significant weight in the Board’s determination.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Degenerative Joint Disease (DJD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 7, 2019
- Citation
- 19101256
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for an earlier effective date, a higher rating for DJD of the right hip with limitation of rotation and adduction, and higher ratings for DJD of the thoracolumbar spine.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial evaluation in excess of 10 percent prior to December 26, 2007, and in excess of 20 percent thereafter for degenerative disc disease (DDD) of the cervical spine due to inadequate explanation of denial of higher evaluations.
- Denied
The Board denied a rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbosacral spine prior to October 29, 2021, and a total disability rating based on individual unemployability due to service-connected disabilities prior to April 25, 2017.
- Denied
The Board denied the veteran's claims for a higher disability rating and entitlement to TDIU, as the evidence did not support an increase in the current ratings or the grant of TDIU.
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