The Board has remanded the case for a supplemental opinion from an orthopedic specialist to determine if the Veteran's preexisting scoliosis was aggravated by his active duty service, and whether it is at least as likely as not that he has been suffering from any form of scoliosis or a scoliosis-related condition during at least a portion of the period on appeal.
The deciding factor: The Board found the previous opinions inadequate because they did not address the remand directive specifically requesting an opinion on whether it is at least as likely as not that the Veteran has suffered from a back condition that could be qualified as a form of scoliosis or scoliosis-related condition, and if so, whether that condition was aggravated in service beyond its natural progression.
- Claimed conditions
- back condition, scoliosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073789
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
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 20073789.
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.
- Dismissed
The Veteran's appeal for service connection for sleep apnea has been dismissed due to the withdrawal of his request.,Service connection for a back condition is denied as there is no evidence that the condition began during service or is related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Denied
The Veteran's appeal for special monthly compensation and service connection was denied due to a late filing of the Board Appeal request.
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