The Board found that the June 23, 2008 decision denying an increased rating for scoliosis of the thoracic and lumbar spine was clearly erroneous due to a failure to apply proper criteria. The correct application would have resulted in a 20% disability rating from May 20, 2006.
The deciding factor: The Board failed to properly apply the relevant regulations for evaluating scoliosis of the thoracic and lumbar spine, leading to an incorrect decision.
- Claimed conditions
- scoliosis of the thoracic and lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 1, 2017
- Citation
- 1719474
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 1719474.
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.
- Partly granted
The Board found that the veteran's left knee disability was not incurred in service and denied service connection. However, they granted the request to reopen his claim for a lower back disability based on new evidence.
- Denied
The Board found that the veteran's scoliosis of the thoracic and lumbar spine did not warrant a rating in excess of 10 percent during the period on appeal.
- Denied
The Board denied the veteran's petition to reopen her claim for service connection for scoliosis of the thoracic and lumbar spine and low back pain, finding no new and material evidence.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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