The Veteran's initial claim for a higher rating for her service-connected back disability was granted, and she is currently receiving a 40 percent disability rating since March 6, 2015.
The deciding factor: The VA examinations conducted in April 2012 and March 2015 supported the current 40 percent rating based on the Veteran's symptoms of back pain, stiffness, tightness, weakness, fatigability, and lack of endurance, with no spinal ankylosis or incapacitating episodes due to intervertebral disc syndrome.
- Claimed conditions
- scoliosis, degenerative disc disease of the thoracolumbar spine with disc bulges, bone spurs, facet joint disease, and arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 15, 2016
- Citation
- 1628387
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 1628387.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
- Dismissed
The Veteran's appeals for increased evaluation of unspecified depressive and anxiety disorder, service connection for scoliosis, and costochondritis are dismissed.
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