The veteran's initial claim for a higher evaluation for his lumbar disc disease and scoliosis was granted, with an effective date of August 24, 2004. The RO increased the evaluation to 40 percent for degenerative lumbar disc disease and scoliosis including radiculopathy of the right lower extremity from that date.
The deciding factor: The veteran's symptoms prior to August 24, 2004 included characteristic pain on motion, muscle spasm, guarding, and limited range of motion. After this date, his diagnoses did not include intervertebral disc syndrome, and his symptoms did not meet the criteria for additional disability due to pain or lack of endurance.
- Claimed conditions
- lumbar disc disease, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 5, 2005
- Citation
- 0527107
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 0527107.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 claim for a TDIU was granted with an effective date of May 3, 2016. The decision is based on the Veteran's service-connected disabilities including his CFS and adjustment disorder.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
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