The Board has remanded the case due to inconsistencies in the opinions provided regarding the Veteran's degenerative arthritis of the spine and scoliosis, which were found to have preexisted service. The Veteran is required to provide medical records for further review and a new opinion by an examiner who has not previously examined him.
The deciding factor: The Board found that the previous opinions were internally inconsistent regarding whether the Veteran's back conditions were aggravated beyond their natural progression by his active duty service.
- Claimed conditions
- degenerative arthritis of the spine, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2020
- Citation
- 20001634
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 service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Partly granted
The Board granted service connection for left hand and right hand essential tremors, as well as increased ratings for knee instability, degenerative arthritis of the spine, and degenerative arthritis of the right ankle. The appeal was denied for a left ankle disability.
- 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.
- Remanded (sent back)
The Board remands the matter for further development to clarify the Veteran's employment status during the appeal period and determine if a TDIU is warranted.
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