The Veteran's rating for DDD of the cervical spine was reduced from 30 percent to 10 percent, effective August 1, 2016. The Board has determined that this reduction was improper and has restored the original 30 percent rating.
The deciding factor: The May 2016 reduction of the disability rating for DDD of the cervical spine from 30 percent to 10 percent did not comply with applicable VA law and regulations, as evidenced by the lack of proper procedural safeguards in the May 2016 final rating decision.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 21, 2019
- Citation
- 19138789
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19138789.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied a rating in excess of 20 percent for degenerative disc disease (DDD) of the cervical spine and a rating in excess of 10 percent for radiculopathy of the left lower extremity prior to June 3, 2022.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased rating and TDIU due to inadequate examination reports in the previous decisions. The Veteran needs a new VA examination to assess his cervical spine disability, including range of motion during flare-ups and repeated use.
- 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.
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