The Veteran's claims for increased ratings of her service-connected scoliosis, left tibial stress fracture, right femoral stress fracture, and cholecystectomy have all been denied.,There is no effective date earlier than March 28, 2014, for the increased rating of 20 percent for scoliosis of the thoracic spine.
The deciding factor: The Veteran's service-connected conditions do not meet the criteria for higher ratings under the applicable diagnostic codes due to lack of evidence showing functional loss or additional limitation during flare-ups. The VA examiners found no significant limit of functional ability during flare-ups and did not require further investigation.
- Claimed conditions
- Cholecystectomy, Left tibial stress fracture, Right femoral stress fracture, Scoliosis of thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2019
- Citation
- 19110057
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (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 19110057.
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.
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The Veteran's disability ratings for PTSD with major depressive disorder, and panic disorder to include insomnia, and GERD were reduced. The motion to revise these decisions based on CUE is granted.
- Remanded (sent back)
The Board remands the claims for service connection for liver cancer and cholecystectomy to correct pre-decisional duty to assist errors related to toxic exposure risk activities.
- Denied
The Veteran's appeals for service connection were denied, and the appeal for a total disability rating based on individual unemployability was remanded. The VA found no evidence to support higher ratings or separate evaluations for his disabilities.
- Granted
The Veteran's GERD with cholecystectomy is granted an initial 30 percent rating, effective from the date of the September 2020 supplemental rating decision.
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