The Veteran's cervical spine DDD has been rated at 20 percent prior to January 25, 2021 and increased to 30 percent thereafter. The claim for a higher rating is denied.,The Veteran's lumbar spine DDD continues to be rated at 20 percent. The claim for a higher rating is denied.,The Veteran’s service-connected disabilities do not preclude substantially gainful employment, thus the TDIU claim is denied.
The deciding factor: The evidence does not meet the criteria for a schedular rating in excess of the assigned ratings for cervical and lumbar spine DDD under VA's rating schedule.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Cervical Spine, Degenerative Disc Disease (DDD) of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2021
- Citation
- 21021612
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 21021612.
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 service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
- Denied
The Veteran's initial increased ratings for cervical spine disability with DDD and bulging disc were denied. The claim was also denied for a higher rating from April 14, 2020.,The Board found that the Veteran did not meet criteria for ankylosis or unfavorable ankylosis of the cervical spine, thus denying her request for increased ratings.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying service connection for OSA, claimed as secondary to service-connected psychiatric disorder and DDD of the lumbar spine, is flawed due to a failure to consider whether obesity was an intermediate step in the development of OSA. The case is being remanded to obtain an addendum medical opinion.
- Remanded (sent back)
The Veteran's PTSD symptoms more nearly approximate the criteria for a 70 percent rating, warranting an increased rating.,Service connection for lumbar degenerative disc disease (DDD) and degenerative arthritis is remanded due to insufficient evidence in the record.,The Veteran's current employment status does not affect his entitlement to service connection for DDD and degenerative arthritis.
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.