The Board denied an evaluation in excess of 20 percent for thoracic scoliosis and an evaluation in excess of 10 percent for paresthesia of the left mandibular area involving the fifth cranial nerve status post wisdom tooth extraction.
The deciding factor: The evidence did not support a higher rating as it did not meet the criteria for incapacitating episodes, ankylosis, forward flexion limited to 30 degrees or less, or the functional equivalent thereof for thoracic scoliosis and moderate incomplete paralysis for paresthesia of the left mandibular area involving the fifth cranial nerve.
- Claimed conditions
- thoracic scoliosis, paresthesia of the left mandibular area involving the fifth cranial nerve status post wisdom tooth extraction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068238
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.
- Partly granted
The Board granted service connection for thoracic scoliosis and denied the claims for bilateral hearing loss, bilateral restless leg syndrome, an initial rating in excess of 10 percent for left index finger with limitation of motion and lacerated digital nerve, an initial compensable rating for left index finger scar, a separate rating for painful scar of the left index finger, evaluated as 10 percent disabling as of August 26, 2015, and an initial compensable rating prior to March 12, 2020, and in excess of 10 percent thereafter for dermatitis.
- Denied
The Board denied the Veteran's petition to reopen a claim for service connection for thoracic scoliosis, as new and material evidence was not received.
- Granted
The Veteran's pre-existing thoracic scoliosis increased in severity beyond its natural progress during his active military service, resulting in chronic symptoms of thoracic back pain.
- Denied
The Veteran's claim for an increased rating for thoracic scoliosis was denied, as the evidence did not support a higher disability rating. The claim for service connection for a low back disorder, claimed as lumbar spondylolisthesis, was also denied.
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