The Veteran's claim for an increased rating for scoliosis of the thoracolumbar spine was denied as his symptoms did not meet the criteria for a higher disability rating.
The deciding factor: The evidence did not demonstrate forward flexion of the thoracolumbar spine at or below 30 degrees, favorable ankylosis, or incapacitating episodes of intervertebral disc syndrome lasting at least 4 weeks but less than 6 weeks during the past 12 months.
- Claimed conditions
- scoliosis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 27, 2021
- Citation
- A21017373
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. Read the original VA decision (opens in a new tab) using citation A21017373.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The veteran's claim for service connection of obstructive sleep apnea has been granted. The Board found that the evidence was in equipoise, meaning it was nearly equal, and thus the veteran is entitled to the benefit of the doubt.
- Whole decision: Partly granted
The Veteran's scoliosis of the thoracolumbar spine is denied an increased evaluation. The Board granted presumptive service connection for asthma on a basis other than PACT Act, but remanded to obtain additional medical opinions regarding TERA exposure and secondary service connection for migraines.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to inadequate VA examinations. The Veteran is not entitled to service connection for bilateral hearing loss as he does not have a current diagnosis related to this condition. For his lumbar spine disorder and cervical spine disorder, additional VA examinations are needed to determine their current severity.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for fusion at L3-L4 with absence of L4 pedicle on the right and scoliosis of the thoracolumbar spine, as well as the initial disability ratings for lower extremity radiculopathy. The AOJ is instructed to obtain clarification from the December 2022 examiner regarding whether the Veteran was having a flare-up at the time of the examination and to provide new estimates of range of motion findings during such times.
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