The Board has remanded the case due to insufficient evidence regarding whether the Veteran's preexisting scoliosis was aggravated in service, and if so, whether it is related to his current back condition.
The deciding factor: The VA examiner did not provide an opinion on whether the Veteran's preexisting mild scoliosis was aggravated in service or if it is related to his current back condition.
- Claimed conditions
- scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004702
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.
- 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 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.
- Denied
The Board denied the claim for service connection for scoliosis and found that the reduction in the combined disability rating for bulging discs in the lumbar spine, lumbosacral strain, degenerative arthritis of the spine, and spondylosis from 40 percent to 10 percent was proper.
- Denied
The Board denied the veteran's claims for service connection for a back disability and for compensable ratings for bilateral hallux valgus, as there was no evidence of a current disability or functional impairment.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.