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Scoliosis.. Is it VA ratable?

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Tazzz

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Hello all I  retired in 2005 have a general question in reference to back disability.  I'm currently at 60% with 10% of it  for "residuals of post laminectomy, lumbar spine, with mild degenerative changes, claimed as chronic back pain with radicular symptoms."  In 2005 (after my retirement) I went to the VA and they inputed this into my medical record: " Images of the lumbosacral spine were obtained on 5/12/05. Mild degenerative changes are seen. A scoliosis is noted." I never submited a claim for "scoliosis".  When I submitted my orginial claim it was due to back surgery that I received while on active duty on the L5 (fusion) and I was rated at 10% for it.  Would it be worth to file a claim for "Scoliosis" or am I just wasting time?  Please advise.

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yes it is

I can tell you that the VA will take the position that, since the condition was not treated by military doctors during your time in service, there is no linkage between your having scoliosis and military service. The VA guidelines for SC state that the condition must have occured during a period of active service or (in the case of a pre-existing condition) made worse as a result of active service. In both cases, treatment as previously stated is virtually a must to prevail in the claims process. Exceptions to this include cancers, type 2 diabetes, conditions resultant from radiation exposure during 50s bomb tests, etc. which the military will accept as service connected provided the linkage can be determined from medical documentation provided by the claimaint - this medical documentation can be for diagnoses years after discharge. 
 

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