The Veteran's thoracic scoliosis was not found to warrant a higher evaluation prior to April 17, 2012 and from that date until the present, it does not meet the criteria for a rating in excess of 40 percent.
The deciding factor: The Veteran’s thoracic spine disability did not result in forward flexion of the thoracolumbar spine of 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months.
- Claimed conditions
- Thoracic Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 10, 2014
- Citation
- 1426234
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 1426234.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for increased ratings of thoracic scoliosis and paresthesia of the left mandibular area involving the fifth cranial nerve were denied as there was no evidence to support a higher rating based on functional impairment or other criteria.
- Remanded (sent back)
The Board has remanded the case for a VA examination to assess the Veteran's thoracic spine disability prior to November 26, 2019, due to inadequate previous examinations. The Veteran is seeking increased ratings for his thoracic spine disability.
- Granted
The Veteran was granted TDIU from April 16, 2013 to December 31, 2014.,TDIU was denied for the period January 1, 2015 to August 7, 2015 due to substantially gainful income.
- Remanded (sent back)
The Veteran's low back disability is currently rated at 40 percent, effective December 3, 2019. The Board has remanded the case for further development.
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