The Board found that the veteran's thoracic scoliosis did not warrant an evaluation in excess of 20 percent prior to September 26, 2003 and after that date. The current range of motion was less than what would be considered disabling under the applicable rating criteria.
The deciding factor: The veteran's thoracic scoliosis resulted in pain with full thoracolumbar range of motion prior to September 26, 2003, but on and after that date, his cervical spine flexion was only to 30 or 40 degrees due to the scoliosis.
- Claimed conditions
- thoracic scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 30, 2007
- Citation
- 0702795
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 0702795.
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.
- Dismissed
The Board dismissed the appeal for service connection for thoracic scoliosis and denied service connection for a left ankle condition.
- Remanded (sent back)
The Board has remanded the issues of service connection for atopic dermatitis, degenerative changes spine and thoracic scoliosis, and migraines due to duty-to-assist errors in prior VA medical opinions.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete or conflicting opinions regarding the Veteran's back disability. The VA must obtain a new opinion addressing all diagnosed spine disabilities, their likely causes, and whether they are related to service.
- Denied
The Board denied the Veteran's petition to reopen his claim for service connection for thoracic scoliosis as new and material evidence was not presented, and the condition is considered to have pre-existed his service.
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