The Board denied a higher disability rating for the Veteran's cervical spine DDD and TDIU benefits, finding that the evidence did not meet the criteria for increased ratings or entitlement to TDIU.
The deciding factor: The VA examinations showed varying degrees of forward flexion but no ankylosis or unfavorable ankylosis was found. The Board determined that the Veteran's disability did not warrant a higher rating based on the current evidence.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 30, 2024
- Citation
- 24004675
Veterans Law Judge
Decisions by this judge: 1,893 · 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 24004675.
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.
- 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.
- Granted
The Veteran's cervical spine degenerative disc disease and radiculopathy of the upper extremities are rated at 30 percent, effective September 7, 2020. The status post left shoulder rotator cuff repair is denied.
- Remanded (sent back)
The Board has remanded several claims for further development, including those related to insomnia disorder, erectile dysfunction, chronic fatigue syndrome, blackout spells, DDD of the cervical spine, pinched nerve as secondary to DDD of the cervical spine, right carpal tunnel syndrome, and right shoulder disability. The Veteran's hypertension claim is also being remanded.
- Granted
The Veteran's cervical spine DDD is granted a 40% rating from June 21, 2018. He also receives a TDIU effective June 21, 2018.
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.