The Veteran's service-connected scoliosis of the lumbar spine has been characterized by pain and flexion limited to 40 degrees at worst, with no clinical evidence of incapacitating episodes or nerve conduction velocity/EMG studies indicating any radiculopathy. The Board finds that the preponderance of the evidence is against a rating in excess of 20 percent.
The deciding factor: The Veteran's disability does not meet the criteria for an evaluation in excess of 20 percent under the General Rating Formula for Diseases and Injuries of the Spine due to her forward flexion being greater than 30 degrees throughout the appeal period, with no additional limitation of motion found on examination.
- Claimed conditions
- scoliosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 19, 2013
- Citation
- 1305751
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 1305751.
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's scoliosis of the lumbar spine is related to his active service and has been granted service connection.
- Partly granted
The Board granted service connection for sinusitis, right ankle tendonitis, scoliosis of the lumbar spine, and bilateral lower extremity radiculopathy. Service connection was denied for bilateral hearing loss.
- Granted
The Board granted service connection for scoliosis of the lumbar spine, finding that it was aggravated during service beyond its natural progression.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected scoliosis of the lumbar spine is being remanded due to insufficient examination reports and lack of information on functional limitations.
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