The Board has granted service connection for thoracolumbar spine disability, including scoliosis, as secondary to the Veteran's service-connected knee and shin splints disabilities. The decision finds that these conditions have aggravated his pre-existing back disorders.
The deciding factor: The Veteran’s lower extremity disabilities caused or aggravated his mid and low back problems over time due to compensatory use of his back muscles for lifting and standing.
- Claimed conditions
- thoracolumbar spine degenerative joint and disc diseases, scoliosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20067089
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.
- 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.
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.