The Board found no evidence to support a service connection for the Veteran's back disability, as his pre-existing congenital scoliosis was not aggravated by service. The claim is therefore denied.
The deciding factor: The Veteran's pre-existing congenital scoliosis did not become manifest during service and there is no clear and unmistakable evidence that it worsened during service.
- Claimed conditions
- Back strain, Degenerative disc disease of the lumbosacral spine, Congenital scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 29, 2010
- Citation
- 1036945
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 1036945.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's back conditions and his service. The examiner is asked to consider the Veteran's lay statements about in-service events, injuries, and symptoms.
- Denied
The Veteran's claims for increased ratings for left ankle and lumbosacral spine disabilities were denied as the evidence did not meet the criteria for higher disability ratings under applicable VA rating criteria.
- Remanded (sent back)
The Board has remanded the claim of service connection for a thoracolumbar spine disability, finding that the VA examination and opinion were inadequate as they did not consider the Veteran's complete medical history. The case is now to be reviewed with an addendum VA opinion.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
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