The Board found that the veteran's thoracolumbar and cervical spine disabilities pre-existed service, and there is no clear and unmistakable evidence of aggravation during service. Therefore, these conditions are not service-connected.
The deciding factor: Clear and unmistakable evidence established that the veteran had congenital anomalies of the cervical and lumbar spine prior to her military service, and there was no indication of aggravation during service.
- Claimed conditions
- {"condition_name":"Thoracolumbar Spine Disability","type_of_disability":"Congenital Lumbarization of S1"}, {"condition_name":"Cervical Spine Disability","type_of_disability":"Congenital Fusion at C2-3"}
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2006
- Citation
- 0638528
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 0638528.
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.
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- Granted
The Veteran is granted an effective date of August 10, 2022, for the grant of service connection for sinusitis based on the PACT Act.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to in-service herbicide agent exposure.
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