The Board denied the veteran's claims for a higher disability rating and entitlement to TDIU, as the evidence did not support an increase in the current ratings or the grant of TDIU.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for a higher rating due to limited range of motion and no evidence of incapacitating episodes. Additionally, he failed to complete necessary forms to determine his employment history, which was required to consider entitlement to TDIU.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- 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.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial evaluation in excess of 10 percent prior to December 26, 2007, and in excess of 20 percent thereafter for degenerative disc disease (DDD) of the cervical spine due to inadequate explanation of denial of higher evaluations.
- Denied
The Board denied a rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbosacral spine prior to October 29, 2021, and a total disability rating based on individual unemployability due to service-connected disabilities prior to April 25, 2017.
- Remanded (sent back)
The Board granted the reopening of claims for service connection for degenerative disc disease (DDD) of the lumbar spine and cervical spine, but remanded all other issues for further development.
- Remanded (sent back)
The Board remands the issue for issuance of a supplemental statement of the case (SSOC) addressing the propriety of the reduction in the disability rating and to readjudicate the increased rating claim.
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.