The Board denied the veteran's increased rating claims for scoliosis of the lumbosacral spine and scoliosis of the thoracic spine, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.
The deciding factor: The medical evidence showed mild to moderate limitation of motion in both lumbar and thoracic spines, but no severe impairment or incapacitating episodes as required by the relevant diagnostic codes.
- Claimed conditions
- scoliosis of the lumbosacral spine, scoliosis of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2006
- Citation
- 0604450
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.
- Denied
The Board found that the veteran's scoliosis of the thoracic spine preexisted service and was not aggravated by service. The claim for a psychiatric disorder, to include anxiety, depression, and manic depression, was also denied as it was not incurred in or aggravated by active military service, nor is it secondary to the service-connected scar of the left neck or his back disability.
- Partly granted
The Board has reopened the claims for service connection for residuals of injury to the left shoulder and scoliosis of the thoracic spine, but further development is needed as the decision on the merits cannot be made at this time.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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