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 not considered a timely NOD because she did not receive notification of the May 2010 rating decision, which is part and parcel of her appeal for increased disability ratings.
- 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
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (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 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.
- Granted
The Board has granted service connection for the Veteran's neck disability, diagnosed as cervical spine degenerative disc disease (DDD), on a direct basis. The decision is based on credible lay evidence of onset in service and continuity of symptoms.
- Remanded (sent back)
The Board has remanded the Veteran's claims for initial ratings of her left shoulder strain and cervical spine disability due to new evidence or further clarification from the AOJ.
- 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.
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