The Board has remanded the case due to scheduling issues for a VA examination and opinion regarding service connection for thoracolumbar spine disability, including whether any current conditions are related to service or aggravated by pre-existing scoliosis.
The deciding factor: Scheduling issues prevented completion of necessary medical evaluation which is required to determine if any current thoracolumbar spine disabilities are related to service or aggravated by a pre-existing condition.
- Claimed conditions
- thoracolumbar spine disability, scoliosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2019
- Citation
- 19172983
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 19172983.
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 Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Granted
The Board has granted service connection for a thoracolumbar spine disability, but denied service connection for bilateral hearing loss disorder, gout, multiple painful joints, bilateral ankle disorder, bilateral knee disorder, and obstructive sleep apnea (OSA).
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
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