The Board denied earlier effective dates for service connection and a compensable rating for the Veteran's lumbar DDD, cervical DDD, and neck scar, as well as higher ratings for these conditions.
The deciding factor: The May 2011 TDIU claim was considered the earliest pending claim following the prior October 2004 disallowance which became final in the legacy appeal system. The Veteran's claims did not show any characteristics of disfigurement, and the evidence did not support a compensable rating for the neck scar.
- Claimed conditions
- lumbar degenerative disc disease (DDD) and stenosis, cervical DDD and spondylosis with stenosis, neck scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2025
- Citation
- A25044204
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.
- Partly granted
The Board granted restoration of the 10 percent rating for residuals of thyroid cancer, status post thyroidectomy and denied a compensable rating for the neck scar, s/p thyroidectomy, as well as ratings in excess of 10 percent for xeroderma and service connection for blurred vision, secondary to the thyroid condition.
- Remanded (sent back)
The Board remands the claims for service connection due to duty to assist errors and the need for a medical examination under the PACT Act.
- Dismissed
The Veteran withdrew his appeal for a compensable rating for a neck scar, and the Board has no jurisdiction to review this issue.
- Denied
The Board denied service connection for hypertension, residuals of a traumatic brain injury (TBI), and a rating in excess of 10 percent for type II diabetes mellitus, as well as a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) and a compensable rating for a neck scar.
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