The Board has decided to remand the case due to inadequate examination for service connection of Degenerative Lumbar Spine Disease and Scoliosis. A new VA examination is needed to address whether scoliosis is a congenital defect or disease, and if there was aggravation during service.
The deciding factor: The examiner did not adequately address the Veteran's diagnosed scoliosis and in-service treatment records for back pain.
- Claimed conditions
- Degenerative Lumbar Spine Disease, Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149671
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.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Remanded (sent back)
The Board remands the appeal for eligibility under the Department of Veterans Affairs (VA's) Program of Comprehensive Assistance for Family Caregivers to correct an AOJ error in satisfying a regulatory and statutory duty, which has a reasonable possibility of aiding in substantiating the appellant's claim.
- Denied
The Board denied the veteran's claims for increased ratings and service connection for various conditions, including a low back disability, migraine headaches, sleep apnea, PTSD, and scoliosis.
- Remanded (sent back)
The Board remands the case for a new VA examination to address whether the Veteran's spina bifida and scoliosis were aggravated by active service.
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