The Board has decided that a higher evaluation for thoracolumbar scoliosis with degenerative changes of the thoracic spine is remanded due to the need for an EMG test.
The deciding factor: An EMG test was deemed necessary by the November 2017 VA examination to diagnose potential radiculopathy, which must be addressed as it is evaluated separately under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- thoracolumbar scoliosis with degenerative changes of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2019
- Citation
- 19168689
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 19168689.
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.
- Denied
The Veteran's claim for a higher rating for thoracolumbar scoliosis with degenerative changes of the thoracic spine was denied as his disability did not meet the criteria for a rating in excess of 10 percent prior to January 25, 2017, and a rating in excess of 20 percent thereafter.
- Remanded (sent back)
The Board has remanded the case due to conflicting evidence regarding radiculopathy and a need for additional VA medical opinions on range of motion.
- Remanded (sent back)
The Veteran's claim for a higher evaluation for his thoracolumbar scoliosis with degenerative changes of the thoracic spine is being remanded due to incomplete records and further development is needed.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his thoracolumbar spine disability and any associated neurological conditions.
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