The Board found that the Veteran's scoliosis of the thoracic spine is a congenital defect and not a disease or injury. The preexisting condition was not aggravated during service, so service connection cannot be granted.
The deciding factor: The congenital nature of the scoliosis prevented its consideration for service connection as it does not meet the definition of a disability under VA regulations.
- Claimed conditions
- scoliosis of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2015
- Citation
- 1547972
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 1547972.
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 pre-existing scoliosis disability was aggravated during service, and the Board has granted her claim for service connection based on aggravation.
- Remanded (sent back)
The Board has determined that more development is needed to determine the etiology of the Veteran's claimed low back disability, including whether his scoliosis is a congenital defect or disease. The case is being remanded for further examination and review.
- Denied
The Veteran's thoracic spine disability has resulted in painful limitation of motion but not to the extent that would warrant a higher rating. The Board denied an initial rating in excess of 10 percent for his service-connected scoliosis of the thoracic spine.
- Granted
The Veteran's scoliosis of the thoracic spine and adjustment disorder with chronic depressive mood are granted service connection due to aggravation by a service-connected back disability. Headaches are remanded for further evaluation.
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