The Veteran's claims for service connection were denied as her thoracic and lumbar spine disabilities, including scoliosis, degenerative disc disease of the thoracic spine, arthritis of the thoracic spine, and bulging discs of the lumbar spine, did not have its onset during service or are otherwise related to service. Her cervical spine disability, skin disability, headaches, lower extremity paresthesia, psychiatric disability, right hip bursitis, left hip bursitis, right knee retropatellar pain syndrome, left knee arthrosis, and asthma were also denied.
The deciding factor: The preponderance of the evidence showed that the Veteran's thoracic and lumbar spine disabilities did not have its onset during service or are otherwise related to service. The Board found clear and unmistakable evidence showing that her thoracic and lumbar spine scoliosis pre-existed service and was not aggravated during service.
- Claimed conditions
- thoracic and lumbar spine scoliosis, degenerative disc disease of the thoracic spine, arthritis of the thoracic spine, bulging discs of the lumbar spine
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19125998
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.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations and TDIU due to missing records.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations to the AOJ for additional development due to a need for clarification regarding earned income since July 2017 and constructive possession of highly relevant treatment records.
- Denied
The Board denied the Veteran's claim for an increased rating for her service-connected bulging discs of the lumbar spine, as the evidence did not show that the disability was manifested by severe, recurring attacks with intermittent relief or incapacitating episodes, and flexion of the thoracolumbar spine was limited to no less than 60 degrees.
- Granted
The veteran's claim for service connection for arthritis of the lumbar spine was reopened and granted. He is also awarded a rating of 40 percent for his residuals, status post herniated nucleus pulposus, L5-S1, effective as of June 5, 2001. The other claims were denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.