BVA9503415 
DOCKET NO.  93-08 092     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in St.
Petersburg, Florida

THE ISSUE

Entitlement to service connection for a lumbar scoliosis.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

WITNESSES AT HEARING ON APPEAL

The veteran and his wife

ATTORNEY FOR THE BOARD

K. E. Harrison, Associate Counsel

INTRODUCTION

The veteran had active military service from September 1986 to
July 1990.  This matter comes before the Board of Veterans'
Appeals from a February 1991 rating decision by the RO.

The veteran has requested at his recent hearing that his claim of
service connection for ganglion cyst of the left wrist be
reopened.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends that his back condition began in service.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the veteran's claims file.
Based on its review of the relevant evidence in this matter, and
for the following reasons and bases, it is the decision of the
Board that a preponderance of the evidence supports the claim of
service connection.

FINDING OF FACT

The veteran's currently demonstrated scoliosis of the lumbar
spine probably began in service.

CONCLUSION OF LAW

The veteran's lumbar spine scoliosis was incurred in service.
38 U.S.C.A. §§ 1131, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102,
3.303 (1993).

REASONS AND BASES FOR FINDING AND CONCLUSION

Initially, the Board notes that the veteran has presented a claim
which is well grounded within the meaning 38 U.S.C.A. § 5107.
That is, he has presented evidence of a plausible claim or one
which is capable of substantiation.  Murphy v. Derwinski,
1 Vet.App. 78 (1990).  Further development of the record also is
not indicated in connection with the statutory duty to assist the
veteran.

A careful review of the service medical records discloses that
the veteran was found to be suffering from a mild scoliosis of
the spine when he underwent X-ray examination in April 1990 in
service.  This study was performed in connection with reports
that the veteran had sustained some form of injury.

When examined by VA in September 1990, X-ray studies also noted
the presence of a mild scoliosis in the lumbar spine.  While the
RO has characterized this condition as "constitutional or
developmental," the Board finds no medical evidence in the file
to support this statement.

The Board also has reviewed the transcript of the recent hearing
at the RO and finds that the testimony offered by the veteran is
quite credible in describing various types of back symptoms that
he experienced in service secondary to heavy lifting.
Accordingly, the Board concludes that the lumbar scoliosis
probably began in service.

ORDER

Service connection for a lumbar spine scoliosis is granted.

          STEPHEN L. WILKINS
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of the
Board, to proceed with the transaction of business without
awaiting assignment of an additional member to the Section when
the Section is composed of fewer than three Members due to
absence of a Member, vacancy on the Board or inability of the
Member assigned to the Section to serve on the panel.  The
Chairman has directed that the Section proceed with the
transaction of business, including the issuance of decisions,
without awaiting the assignment of a third Member.