The Veteran's current neck and back disabilities are granted as service-connected due to their onset during service, with the presumption of soundness being rebutted.
The deciding factor: The pre-existing scoliosis and Scheuermann’s disease were clearly and unmistakably present prior to service, and there is no clear evidence that they were aggravated by service. The Veteran's current back disabilities are presumed to have existed prior to service.
- Claimed conditions
- neck disability, back disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2019
- Citation
- 19102335
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19102335.
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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the claim for service connection of a neck disability due to pre-decisional error in not obtaining a VA examination and medical opinion.
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