The Veteran's scoliosis of the thoracolumbar spine is being remanded for further development, including obtaining medical opinions to determine if it was aggravated during service and whether any other back disabilities are superimposed. The TDIU claim is also inextricably intertwined with this issue.
The deciding factor: The Veteran's pre-existing scoliosis may have been aggravated by the rigors of basic training, but further medical opinions are needed to determine if there were any superimposed injuries or disabilities that need to be considered for service connection.
- Claimed conditions
- scoliosis of the thoracolumbar spine
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2009
- Citation
- 0947446
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 0947446.
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.
- Granted
The veteran's claim for service connection of obstructive sleep apnea has been granted. The Board found that the evidence was in equipoise, meaning it was nearly equal, and thus the veteran is entitled to the benefit of the doubt.
- Partly granted
The Veteran's scoliosis of the thoracolumbar spine is denied an increased evaluation. The Board granted presumptive service connection for asthma on a basis other than PACT Act, but remanded to obtain additional medical opinions regarding TERA exposure and secondary service connection for migraines.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to inadequate VA examinations. The Veteran is not entitled to service connection for bilateral hearing loss as he does not have a current diagnosis related to this condition. For his lumbar spine disorder and cervical spine disorder, additional VA examinations are needed to determine their current severity.
- Remanded (sent back)
The Board has remanded the claims for service connection for fusion at L3-L4 with absence of L4 pedicle on the right and scoliosis of the thoracolumbar spine, as well as the initial disability ratings for lower extremity radiculopathy. The AOJ is instructed to obtain clarification from the December 2022 examiner regarding whether the Veteran was having a flare-up at the time of the examination and to provide new estimates of range of motion findings during such times.
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