The Veteran's claim for an effective date earlier than March 4, 2010 for service connection and associated lumbar radiculopathy was denied.,Claims for separate ratings higher than 10 percent for associated lumbar radiculopathy of the right and left lower extremities (LEs) were also denied.,The Veteran's claim for a rating higher than 100 percent for spine disability, which is already at its maximum schedular rating, was denied as an extraschedular basis.
The deciding factor: There is no evidence that the Veteran appealed the January 2009 Board decision denying service connection.,The effective date of March 4, 2010, for service connection and associated radiculopathy was determined as the earliest allowable by law.,The evidence did not support an earlier effective date for SMC due to AA/HB.,The Veteran's claim for a higher rating than 10 percent for LEs radiculopathy was denied because it is already rated at the maximum schedular rating.,The Veteran's claim for a higher rating than 100 percent for spine disability, which is already at its maximum schedular rating, was denied as an extraschedular basis.
- Claimed conditions
- scoliosis, status post-fusion C6-L5 (spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 7, 2023
- Citation
- 23059837
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 23059837.
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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