The Board has determined that the original grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous due to pre-existing disability, and thus severed service connection. The Veteran's claim is now considered as if the April 27, 2009 decision had never been issued.
The deciding factor: The original grant of service connection for residuals of thoracic fusion with scoliosis was based on a finding that the condition was directly related to military service, but clear and unmistakable evidence established that the disability existed prior to service and was not aggravated by service.
- Claimed conditions
- residuals of thoracic fusion with scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 19, 2009
- Citation
- 0923336
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 0923336.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board found that the grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous, and thus severed the award.
- Granted
The Board has determined that the original grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous due to preexisting conditions.
- Denied
The Board has determined that the original grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous, and thus severed.
- Remanded (sent back)
The Board has determined that additional development is needed to properly adjudicate the veteran's claim for restoration of service connection for residuals of thoracic fusion with scoliosis.
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