The Board has decided to remand the Veteran's claim for service connection of his back condition due to inadequate rationale provided in a previous VA examination. The case is being sent back for a new examination to determine if any diagnosed disorders are related to service, including whether scoliosis or spina bifida occulta were aggravated during service.
The deciding factor: The Board found the September 2015 negative opinion inadequate and remanded the claim due to insufficient rationale provided in the previous VA examination.
- Claimed conditions
- intervertebral disc syndrome (back condition), spina bifida occulta, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149657
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 Board granted service connection for a back condition, resolving reasonable doubt in the Veteran's favor.
- Remanded (sent back)
The Board remands the matter for a new VA examination and medical opinion to determine the nature and etiology of the Veteran's claim for service connection for scoliosis.
- Denied
The Board denied the appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815, finding that she does not have a form or manifestation of spina bifida other than spina bifida occulta, and her mother is not a Vietnam Veteran.
- Remanded (sent back)
The Board remands the claim for an initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
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