The Board granted service connection for a lumbar spine disability, finding that the appellant's pre-existing scoliosis was permanently aggravated beyond its natural progression by her ACDUTRA service. The right leg condition issue is remanded.
The deciding factor: The benefit of the doubt was given to the appellant due to the approximate balance of evidence regarding whether her lumbar spine disability was aggravated during ACDUTRA service, while a VA examination is needed for the right leg condition claim.
- Claimed conditions
- lumbar spine disability to include scoliosis, right leg condition
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 25, 2024
- Citation
- 24003916
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 claims for service connection for right and left leg conditions, as well as right and left hand conditions, to schedule VA examinations.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions, including left and right leg, arm, knee, shoulder, kidney, plantar fasciitis, and back conditions, as further development is needed to address pre-decisional duty to assist errors.
- Denied
The Board denied service connection for a right leg condition, sinusitis, lower back condition, and joint pain as the evidence did not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
- Partly granted
The Board granted service connection for left foot plantar fasciitis, right foot hallux valgus, and left foot hallux valgus. Service connection was also granted for the low back condition and a right shoulder condition. However, the claims for a neck condition and right hip condition were denied.
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