The veteran's claim for service connection for thoracic kyphosis and thoracolumbar scoliosis was previously denied in July 1977. The evidence received since that decision does not raise a reasonable possibility of substantiating the claim. Service connection for hernias as secondary to thoracic kyphosis and thoracolumbar scoliosis is also denied.
The deciding factor: The new evidence does not relate to an unestablished fact necessary to substantiate the claims, nor does it suggest that the veteran did not have pre-existing thoracic kyphosis and thoracolumbar scoliosis during service or show that it was aggravated. The medical evidence also does not indicate a relationship between hernias and thoracic kyphosis and thoracolumbar scoliosis.
- Claimed conditions
- thoracic kyphosis, thoracolumbar scoliosis, hernias
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2006
- Citation
- 0621838
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 0621838.
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 service connection for a psychiatric disability as secondary to the Veteran's service-connected disabilities and denied service connection for hernias. The issues of service connection for encephalopathy and special monthly compensation based on aid and attendance/housebound status were remanded.
- Remanded (sent back)
The Board has found that there was insufficient medical evidence to support the claim and has ordered further development, specifically obtaining a full consent form for the Veteran's hernia repair surgery.
- Denied
The Veteran's initial claim for a higher rating for thoracolumbar scoliosis, strain, and degenerative disc disease prior to September 9, 2016 was denied as the evidence did not show limitation of motion more nearly approximating forward flexion of the thoracolumbar spine to 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine.,The Veteran's claim for a higher rating for degenerative arthritis of the spine and IVDS from September 9, 2016 was denied as there were no episodes of acute signs and symptoms due to intervertebral disc syndrome that required bed rest prescribed by a physician and treatment by a physician in the past 12 months.
- Remanded (sent back)
The Veteran's claims for higher ratings for thoracolumbar scoliosis and left lower extremity radiculopathy associated with the scoliosis are being remanded due to the need for additional development, including updated VA treatment records and examinations.
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