The Board denied the veteran's claim for service connection for scoliosis, finding that her pre-existing condition did not worsen beyond its natural progression during active duty for training.
The deciding factor: The January 2020 VA examiner concluded that the appellant's scoliosis had not been permanently aggravated by her time on ACDUTRA, as a slow worsening is expected over time. Her current condition was deemed an expected progression of her pre-existing disease.
- Claimed conditions
- scoliosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000053
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
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