The Board found that the veteran's thoracolumbar scoliosis did not warrant a higher rating, as it was manifested by symptoms in an unexceptional disability picture and did not meet the criteria for a higher evaluation under either the 'old' or 'new' rating criteria.
The deciding factor: The VA examination findings did not reveal signs of intervertebral disc syndrome related to the thoracolumbar scoliosis, which is required for a higher rating under the new criteria. The highest and current available rating of 40 percent was based on the 'old' criteria applicable to lumbosacral strain.
- Claimed conditions
- thoracolumbar scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 16, 2004
- Citation
- 0433299
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 0433299.
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.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure or follow all forms of substantially gainful employment consistent with his educational background and occupational experience. The Board finds the totality of the evidence more probative than his lay statements in determining that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
- Dismissed
The Veteran withdrew her appeal for service connection for thoracolumbar scoliosis and lumbosacral strain, resulting in the dismissal of this case.
- Granted
The Veteran's claim to reopen her service connection for back disability is granted, and the issue of service connection itself is remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for a headache disability as secondary to service-connected thoracolumbar scoliosis and for TDIU due to inextricability with the former claim.
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