The Board denied the Veteran's claim for an evaluation in excess of 40 percent disabling for service-connected scoliosis, finding that his condition most closely approximated a 40 percent disability rating based on forward flexion to 40 degrees and pain, weakness, and fatigue.
The deciding factor: The evidence did not show unfavorable ankylosis or IVDS with incapacitating episodes totaling at least six weeks in the past year, and there was no current objective evidence of radiculopathy or neurologic abnormalities due to scoliosis.
- Claimed conditions
- scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 16, 2020
- Citation
- 20003811
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 matter for a new VA examination and medical opinion to determine the nature and etiology of the Veteran's claim for service connection for scoliosis.
- Remanded (sent back)
The Board remands the claim for an initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
- Denied
The Board denied the claim for service connection for scoliosis and found that the reduction in the combined disability rating for bulging discs in the lumbar spine, lumbosacral strain, degenerative arthritis of the spine, and spondylosis from 40 percent to 10 percent was proper.
- Denied
The Board denied the veteran's claims for service connection for a back disability and for compensable ratings for bilateral hallux valgus, as there was no evidence of a current disability or functional impairment.
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