The Board denied service connection for a lumbar spine disability, finding that the Veteran's scoliosis and spondylolisthesis preexisted service and were not aggravated by service. The Board also found that there was no evidence of chronicity or continuity of symptoms post-service.
The deciding factor: The VA examiner determined that the Veteran's scoliosis clearly and unmistakably preexisted service, and thus the presumption of soundness applied. The examiner concluded that the Veteran did not have aggravation of his preexisting scoliosis during service. For spondylolisthesis, there was no evidence of chronicity in service or within a presumptive period post-service.
- Claimed conditions
- scoliosis, spondylolisthesis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2021
- Citation
- 21030884
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 21030884.
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.
- Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- 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.
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