The Board has remanded the case for an orthopedic examination to determine whether any current back disorder had its onset during service and if so, whether it is related to a pre-existing scoliosis of the thoracic spine. The examiner should also provide opinions regarding whether the in-service lumbar pathology was due to a new medical condition or aggravation of the pre-existing scoliosis.
The deciding factor: The case has been remanded for an orthopedic examination to determine the nature and etiology of the Veteran's current back pathology, including whether any current disorder is related to service and if so, whether it represents an increase in symptomatology or aggravation of a pre-existing condition.
- Claimed conditions
- thoracolumbar scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2009
- Citation
- 0927756
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 0927756.
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.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure or follow all forms of substantially gainful employment consistent with his educational background and occupational experience. The Board finds the totality of the evidence more probative than his lay statements in determining that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
- Dismissed
The Veteran withdrew her appeal for service connection for thoracolumbar scoliosis and lumbosacral strain, resulting in the dismissal of this case.
- Granted
The Veteran's claim to reopen her service connection for back disability is granted, and the issue of service connection itself is remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for a headache disability as secondary to service-connected thoracolumbar scoliosis and for TDIU due to inextricability with the former claim.
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