The Board found that the veteran's low back disabilities, including scoliosis and lumbar spine degenerative disc disease, are not related to service. The evidence clearly shows that his scoliosis preexisted service and was not aggravated by service. As for other low back conditions diagnosed post-service, there is no medical nexus between these conditions and service.
The deciding factor: The VA examiner concluded that the veteran's scoliosis was likely congenital and did not result from injury or disease in service, including his motor vehicle accident. The Board found this opinion to be clear and unmistakable evidence of pre-existing condition.
- Claimed conditions
- scoliosis, lumbar spine degenerative disc disease (DDD), thoracic spondylitic changes, spasm of the lumbar paravertebrals, retrolisthesis of L5 on S1
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2008
- Citation
- 0829903
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 0829903.
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.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
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