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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1233779.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Partly granted
The Board granted readjudication of the service connection claim for a thoracolumbar spine disorder, but remanded the claims for radiculopathy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.