The Board denied the Veteran's motion to revise or reverse the May 8, 2007 rating decision granting service connection for DDC of the thoracic spine and cervical spine due to lack of clear and unmistakable error.
The deciding factor: The evidence did not establish that there was a clear and unmistakable error in applying the law at the time of the May 8, 2007 rating decision.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracic spine, DDC, cervical spine (also claimed as neck pain)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 8, 2023
- Citation
- 23065258
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 23065258.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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: Granted
The Veteran's current back disability, characterized as DDD of the thoracic spine, is granted as service connected. The Board found that his current condition likely began during his military service and has continued since.
- Whole decision: Remanded (sent back)
The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment prior to June 1, 2010. The Board finds that a TDIU is warranted for this period.
- Whole decision: Denied
The Veteran's service-connected degenerative disc disease of the thoracic spine has not resulted in ankylosis or forward flexion limited to 30 degrees, and there is no evidence of incapacitating episodes meeting the criteria for a higher rating. As such, a rating in excess of 20 percent is denied.
- Whole decision: Granted
The Veteran's thoracic spine disability has been rated at 40 percent since December 6, 2011. The Board finds that a uniform 40 percent rating is warranted from May 3, 2008.
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