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 assigned
- 20%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23065258.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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