The Veteran's appeal for higher disability ratings for cervical spine DDD and lumbar DJD, as well as the claim for TDIU, is being remanded due to issues with the timeliness of her Notice of Disagreement (NOD) regarding the May 2010 rating decision.
The deciding factor: The Veteran's August 2011 statement was interpreted by the AOJ as a claim for increased disability ratings and not an NOD, which could affect the appeal period for these claims.
- Claimed conditions
- cervical spine degenerative disc disease (DDD), lumbar spine degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066651
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.
- Partly granted
The Board granted service connection for cervical and lumbar spine degenerative disc disease, left elbow sprain, right elbow enthesophyte, left knee strain and enthesophyte, right knee strain, and right leg radiculopathy but denied service connection for an acquired psychiatric disorder, including PTSD.
- Granted
The Board granted initial ratings of 40 percent, but not higher, for a back disability; 30 percent, but not higher, for cervical spine degenerative disc disease (DDD), left hip disability, migraine headaches, sinusitis, and irritable bowel syndrome.
- Granted
The Board granted service connection for multiple musculoskeletal disabilities, including cervical spine degenerative disc disease and bilateral joint osteoarthritis, based on in-service exposure to PCBs.
- Remanded (sent back)
The Board remands the claim for service connection of cervical spine degenerative disc disease to allow for readjudication based on new and relevant evidence.
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.