The Veteran's TDIU claim was denied because he did not provide the necessary information to show he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.
The deciding factor: The Veteran failed to submit a completed VA Form 21-8940, which contains information on employment and education necessary for TDIU adjudication.
- Claimed conditions
- Degenerative disc disease, cervical spine, Right upper extremity cervical radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 26, 2020
- Citation
- 20069103
Veterans Law Judge
Decisions by this judge: 1,836 · Granted: 31% (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 20069103.
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.
- Granted
The Veteran's cervical spine disability, including right and left upper extremity radiculopathies, is granted as service connected. The issues of right and left upper extremity radiculopathy are remanded for further examination.
- Granted
The Board has granted service connection for degenerative disc disease with intervertebral disc syndrome (IVDS) and spinal fusion, as well as for degenerative disc disease of the cervical spine. The decision is based on evidence showing that these conditions are at least as likely as not related to incidents during active duty.
- Denied
The Board denied the veteran's claims for increased ratings for right and left upper extremity cervical radiculopathy, finding that the evidence did not support a rating in excess of 40 percent for the right (major) upper extremity and 30 percent for the left (minor) upper extremity.
- Partly granted
The Board denied increased ratings for PTSD, cervical radiculopathy, allergic rhinitis, restless leg syndrome, and migraines but granted a 20 percent rating for undiagnosed illness with symptoms of joint ache and fatigue. Service connection was also denied for chronic sinusitis.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.