The Board has reopened the veteran's claim for service connection due to new evidence provided by Dr. M., who opined that his current back condition was as likely as not aggravated by military service. However, the Board found no increase in severity of the preexisting scoliosis during service and thus denied service connection.
The deciding factor: The medical board finding at the time of discharge stated that the veteran's physical disability existed prior to entry on active duty and was not aggravated by service. The VA examiner also opined that it would be mere speculation to render an opinion regarding any in-service aggravation of the preexisting scoliosis.
- Claimed conditions
- idiopathic scoliosis of the thoracic spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 9, 2007
- Citation
- 0735340
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. Search VA.gov for the original decision (opens in a new tab) using citation 0735340.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Whole decision: Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Whole decision: Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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