Scoliosis question

happysad

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Hello all,

I was awarded 10% disability for various back issues lumped together, one of which is scoliosis. This seems to be based on my range of motion and pain.

But when I looked at my VA letter, it says that this is one of the requirements of a 20% rating:

"Muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal
contour such as scoliosis, reversed lordosis, or abnormal kyphosis."

Since I have scoliosis (diagnosed in service), shouldn't that have been automatically rated at 20%? Or am I reading it wrong?
 

chaplaincharlie

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If you are in the IDES process file a VARR. Otherwise a NOD.
 

happysad

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello!

I was in IDES, now on terminal leave. My back wasn't a referred condition, but I did claim it and was awarded 10%.
My MSC said that for the claimed conditions, if I added more medical evidence to show that a higher rating is warranted before the time of my final decision (my EAOS) that it would be taken into consideration.
So I claimed scoliosis and back pain, they lumped them together and gave me 10%. So they are already aware that I have scoliosis. The MSC said to upload the records to ebenefits. But in this case, should I just write a note pointing out the scoliosis and the VA's criteria (maybe with the x-ray). The MSC said that now is the time to upload additional records since the final decision won't be made until my eaos. He said that I wouldn't need any special forms if I do it now, he said if I wait, it becomes a new claim and could take a while to process. Does this seem right?
Why would they rate it 10% when they acknowledge the scoliosis?
 
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