The Board denied the Veteran's claims for service connection for scoliosis, a respiratory disorder (claimed as secondary to scoliosis), posttraumatic stress disorder, and a psychiatric disorder (other than PTSD). The pre-existing scoliosis was not aggravated by active military service. There is no legal basis for secondary service connection for a respiratory disorder. The Veteran did not meet the criteria for a diagnosis of PTSD or a psychiatric disorder during active service.
The deciding factor: The pre-existing scoliosis did not increase in severity during service, and there is no evidence to support secondary service connection for a respiratory disorder. There was also no verified stressor supporting a diagnosis of PTSD.
- Claimed conditions
- scoliosis, respiratory disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2009
- Citation
- 0939606
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 0939606.
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.
- 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 determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- 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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