The Board has remanded the case for further examination and opinion regarding whether the veteran's levoscoliosis of the lumbar spine is a congenital or developmental condition that was aggravated by service, or if it preexisted service.
The deciding factor: The examiner should provide an opinion as to whether the veteran's levoscoliosis is at least as likely as not due to aggravation during service or if it preexisted service.
- Claimed conditions
- levoscoliosis of the lumbar spine
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2008
- Citation
- 0828138
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0828138.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The appeal seeking an earlier effective date for the grant of service connection for spine disability is dismissed.,The claim for a higher rating for spine disability remains pending and will be remanded.
- Granted
The Veteran's low back disability, including a lumbosacral strain and levoscoliosis of the lumbar spine, is granted as service-connected. The issue of an increased rating for her left hip disability remains pending.
- Remanded (sent back)
The Board has remanded the case due to a lack of substantial compliance with a previous remand, and additional development is needed before service connection for a low back disability can be decided.
- Remanded (sent back)
The Veteran's lumbar spine disability is remanded for further evaluation due to insufficient information from the previous VA examination.
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