The Board denied the veteran's claims of service connection for scoliosis and degenerative arthritis of the lumbar spine, as well as bipolar affective disorder. The decision found that scoliosis pre-existed service and was not aggravated by service. Degenerative changes in the lumbar spine were first noted post-service, and there is no evidence linking them to service. Bipolar affective disorder was diagnosed after service but without a clear link to service.
The deciding factor: The Board determined that the presumption of soundness applied to scoliosis as it existed prior to service, and since the veteran had pre-existing scoliosis, the claim for service connection could not be granted. The degenerative changes in the lumbar spine were first noted post-service, and there was no evidence linking them to service. For bipolar affective disorder, the Board found that a psychiatric event in service did not establish an initial diagnosis of the condition.
- Claimed conditions
- scoliosis, degenerative arthritis of the lumbar spine
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2003
- Citation
- 0336705
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 0336705.
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.
- Dismissed
The Veteran's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Granted
The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine and associated radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total rating based on individual unemployability (TDIU) effective October 23, 2024.
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.