The Board found that the Veteran's scoliosis pre-existed service and was not aggravated during service. As a result, the presumption of soundness is rebutted, and the claim for service connection for a spinal disability is denied.
The deciding factor: Scoliosis was noted on a November 1987 chest X-ray prior to the Veteran's entry into service and was not shown to have increased in severity during service.
- Claimed conditions
- Spinal Disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2012
- Citation
- 1228336
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 1228336.
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.
- Granted
The Veteran is granted SMC at the rate of 50% for his service-connected conditions from April 20, 2020 to June 7, 2021.
- Remanded (sent back)
The Veteran's claim for a compensable rating for bilateral hearing loss is denied. The claims for service connection for PTSD and Spinal Disability are remanded, as well as the TDIU rating claim.
- Granted
The Veteran's claims for spinal disability, acne, and acquired psychiatric disability have been reopened due to new and material evidence.,Service connection is granted for the Veteran's acquired psychiatric disability (PTSD and Schizoaffective Disorder, Depressive Type).
- Partly granted
The Veteran's appeal for service connection on the merits is denied for a right torso disability. Service connection is granted for headaches. The appeals for spinal, bilateral tinnitus, hearing loss, and lower extremity disabilities are remanded.
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