The Board has determined that the Veteran's levoscoliosis of the upper thoracic spine is a congenital defect and not incurred or aggravated by service. The preponderance of evidence does not support finding a superimposed disease or injury during service.
The deciding factor: There is no evidence of a chronic low back disability due to a superimposed injury in service, and the Veteran's levoscoliosis is considered a congenital defect that cannot be service-connected without proof of a superimposed disease or injury.
- Claimed conditions
- levoscoliosis of upper thoracic spine, dextroscoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2012
- Citation
- 1233779
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 1233779.
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.
- Dismissed
The Board has dismissed the Veteran's appeals for service connection due to his withdrawal of the appeal prior to a decision being made.
- Partly granted
The Board granted service connection for thoracolumbar spine condition, including chronic mechanical spine syndrome and lumbar degenerative arthritis, with bilateral lower extremity radiculopathy but denied service connection for dextroscoliosis.
- Granted
The Board granted service connection for the Veteran's lower back condition and left leg radiculopathy, finding that these conditions were incurred in or caused by active military service.
- Partly granted
The Board granted readjudication of the service connection claim for a thoracolumbar spine disorder, but remanded the claims for radiculopathy.
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