The Board has remanded the cases due to inconsistencies in the May 2019 VA examination report regarding muscle spasms and scoliosis, as well as the need for a VA examination to determine the current severity of the low back disability. The issues are also intertwined with the service connection claim.
The deciding factor: The inconsistency in the May 2019 VA examination report regarding muscle spasms and scoliosis necessitates further evaluation.
- Claimed conditions
- mild degenerative disc disease with mechanical low back pain, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069689
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 20069689.
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 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.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
- Dismissed
The Veteran's appeals for increased evaluation of unspecified depressive and anxiety disorder, service connection for scoliosis, and costochondritis are dismissed.
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