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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1228336.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran is granted SMC at the rate of 50% for his service-connected conditions from April 20, 2020 to June 7, 2021.
- Whole decision: 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.
- Whole decision: 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).
- Whole decision: 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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