The Board has determined that the reduction of the rating for cervical and lumbar spine DDD from 30 percent to noncompensable was improper, and the prior rating must be restored.
The deciding factor: The medical evidence is inadequate to support a decision on whether service connection can be granted for these conditions.
- Claimed conditions
- Cervical Spine Degenerative Disc Disease (DDD), Lumbar Spine Degenerative Disc Disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 26, 2019
- Citation
- 19165845
Veterans Law Judge
Decisions by this judge: 2,062 · Granted: 34% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19165845.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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: Denied
The Veteran's cervical spine DDD and IVDS are rated at 30% prior to September 28, 2021, but not higher.,The Veteran's right upper extremity radiculopathy is rated at 20% from February 3, 2023, onwards.,The Veteran's left knee degenerative joint disease is rated at 10% from February 3, 2023, onwards.,The Veteran's vasomotor rhinitis is rated at 10% from February 3, 2023, onwards.,The Veteran's obstructive sleep apnea does not meet the criteria for a higher rating.,The Veteran's GERD (Gastroesophageal Reflux Disease), Hiatal Hernia and Diverticulitis are rated at 30%.
- Whole decision: Granted
The Board granted restoration of service connection for Chronic Fatigue Syndrome and Lumbar Spine Degenerative Disc Disease, finding that the severance of these conditions was improper.
- Whole decision: Partly granted
The Board granted an initial evaluation not to exceed 30 percent for adjustment disorder with mixed anxiety and depressed mood for the period prior to August 8, 2023, but denied a higher rating since that date. The other service connection claims were remanded.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation as of January 10, 2020. His TDIU claim is granted with an effective date of that day.
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