The Veteran's claim for increased evaluations for his lumbosacral spondylosis and scoliosis was denied. Prior to May 3, 2004, the evaluation remained at 10 percent; since then, it has been rated as 20 percent.
The deciding factor: The Veteran's back disability did not meet the criteria for a higher rating under Diagnostic Codes 5003 and 5242 due to limitations in range of motion and functional impairment without ankylosis or other severe neurological abnormalities.
- Claimed conditions
- lumbosacral spondylosis, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 25, 2011
- Citation
- 1103218
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 1103218.
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 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.
- Dismissed
The Veteran's appeals for increased evaluation of unspecified depressive and anxiety disorder, service connection for scoliosis, and costochondritis are dismissed.
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