The Veteran's case is being remanded for a hearing before a Veterans Law Judge at the RO. The issues on appeal are an increased evaluation for his right shoulder condition and whether new and material evidence has been received to reopen his claim of service connection for scoliosis of the thoracolumbar spine with recurrent low back pain.
The deciding factor: The Veteran requested a hearing before a Veterans Law Judge at the RO, which is being scheduled due to delays in obtaining the claims file.
- Claimed conditions
- right shoulder impingement, status post surgery with instability, scoliosis of the thoracolumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2011
- Citation
- 1106572
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 1106572.
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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