The Board denied service connection for thoracic lordoscoliosis in May 1981, finding that the condition was a congenital defect and not aggravated by service. The Veteran's motion alleged clear and unmistakable error (CUE) but the Board found no CUE.
The deciding factor: The Board misapplied the presumption of soundness statute, which is inapplicable to congenital defects.
- Claimed conditions
- thoracic lordoscoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2017
- Citation
- 1734462
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 1734462.
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 Board denied the claim of service connection for thoracic lordoscoliosis, concluding that it preexisted service and was not aggravated by service.
- Granted
The Board has reopened the Veteran's claim of entitlement to service connection for thoracic lordoscoliosis and is now considering it on its merits. The Veteran was previously denied in 2009, but new evidence supports reopening the claim.
- Remanded (sent back)
The Board has remanded the case due to a need for issuance of a statement of the case regarding whether new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for thoracic lordoscoliosis.
- Denied
The Board denied service connection for thoracic lordoscoliosis in a May 4, 1981 decision. The Veteran's motion alleging clear and unmistakable error (CUE) was denied as there was no evidence of clear and unmistakable error.
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