The Board has ordered additional development due to incomplete opinions and the need for clarification on whether the Veteran's thoracic scoliosis is a congenital disease or defect. The case will be returned to the AOJ for further review.
The deciding factor: The VA examiner did not provide an opinion regarding whether the Veteran's current thoracic scoliosis is caused by or aggravated by his service-connected lumbar and/or cervical spine disabilities, nor did they clarify if it is a congenital disease or defect. These are necessary to determine eligibility for service connection.
- Claimed conditions
- thoracic spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2016
- Citation
- 1604132
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 1604132.
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.
- Remanded (sent back)
The Board has remanded the case due to the need for further development and consideration of the appellant's theory that the Veteran's service-connected disabilities caused or aggravated his obesity, which contributed to his death.
- Granted
The Veteran's service-connected migraines are granted, and her thoracic spine disability is rated at 20 percent. The rating for the thoracic spine disability remains unchanged as there is no evidence of flexion limited to 30 degrees or less.
- Remanded (sent back)
The Board has dismissed the appeals for service connection of bilateral hearing loss, thoracic spine disability, radicular pain of the right upper extremity, and radicular pain of the left upper extremity as withdrawn by the Veteran. The appeal is also REMANDED for a VA medical opinion on the claim of service connection for headaches.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for cervical, lumbar, and thoracic spine disabilities due to a lack of VA examination. The Veteran is advised to provide any missing records and undergo VA examinations.
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