The Board denied the Veteran's claim for service connection for a thoracolumbar spine disability, including levoscoliosis and degenerative joint disease (DJD), finding that there was no evidence of aggravation beyond normal progression during service and insufficient medical evidence linking current DJD to service.
The deciding factor: The VA examiner found that the Veteran's DJD is less likely than not incurred in or caused by his service, due to lack of a diagnosis within one year post-service and obesity as a contributing factor.
- Claimed conditions
- levoscoliosis, degenerative joint disease (DJD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- 19182628
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.
- Partly granted
The Veteran was granted an initial disability rating of 40 percent for lumbosacral strain, DJD, from December 17, 1997 to June 3, 2022, and the effective date for service connection for bilateral lower extremity radiculopathy was also set at December 17, 1997. However, a higher rating or TDIU was denied.
- Granted
The Board granted service connection for the Veteran's lower back condition and left leg radiculopathy, finding that these conditions were incurred in or caused by active military service.
- Remanded (sent back)
The claim for service connection for a left knee condition (to include patellofemoral syndrome and DJD) is remanded for readjudication, as new and relevant evidence has been received sufficient to reopen the claim.
- Partly granted
The Board granted readjudication of the service connection claim for a thoracolumbar spine disorder, but remanded the claims for radiculopathy.
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