The Veteran's claim for an increased evaluation in excess of 20 percent for a thoracolumbar spine strain with scoliosis prior to December 18, 2019, and in excess of 40 percent thereafter was denied. The evidence did not meet the criteria for higher ratings at any time during the appeal period.
The deciding factor: The evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less or unfavorable ankylosis of the entire thoracolumbar spine, which would warrant a higher rating.
- Claimed conditions
- Thoracolumbar spine strain, Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 4, 2021
- Citation
- 21026943
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 21026943.
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: Denied
The Veteran's initial rating for thoracolumbar spine strain is denied, with a current rating of 20 percent. The claim for higher staged ratings for cervical spine spondylosis remains pending.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for neck and back disabilities should be remanded due to insufficient evidence regarding the etiology of his conditions.
- Whole decision: Denied
The Veteran's claim for an earlier effective date for a 20 percent rating for her back disability is denied as there is no evidence of increased severity prior to the May 9, 2024 effective date.
- Whole decision: Dismissed
The Board has dismissed the Veteran's claims for service connection and increased ratings due to his valid opt-in of specific issues into the modernized review system.
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