The Veteran's initial claim for service connection for arthritic changes of the lumbar spine was denied in October 1998, but he raised it again on February 2, 2007. The Board found that there was no indication of clear and unmistakable error (CUE) in the previous denial.
The deciding factor: The Veteran's service connection claim for arthritic changes of the lumbar spine was reopened due to new evidence submitted by the Veteran on February 2, 2007. The Board found that there was no indication of clear and unmistakable error (CUE) in the previous denial.
- Claimed conditions
- arthritic changes of the lumbar spine, scoliosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 7, 2020
- Citation
- 20077274
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 20077274.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
- Dismissed
The Veteran's appeals for increased evaluation of unspecified depressive and anxiety disorder, service connection for scoliosis, and costochondritis are dismissed.
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