The Board denied service connection for residuals of a cervical hyperextension injury and denied an increased rating for idiopathic thoracolumbar scoliosis with postoperative spinal fusion from T-3 to L-1. The Veteran's cervical spine disability was not shown to be related to her service-connected thoracolumbar scoliosis, and the current 40 percent rating adequately reflects the severity of her thoracolumbar condition.
The deciding factor: The medical evidence did not establish a direct relationship between the Veteran’s cervical hyperextension injury and her service-connected thoracolumbar scoliosis. The Board found that the residuals of the cervical hyperextension injury were secondary to her service-connected thoracolumbar scoliosis, but concluded that the current 40 percent rating adequately reflects the severity of her thoracolumbar condition.
- Claimed conditions
- residuals of cervical hyperextension injury, idiopathic thoracolumbar scoliosis with postoperative spinal fusion from T-3 to L-1
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 18, 2009
- Citation
- 0923097
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 0923097.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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.
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- Whole decision: Granted
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