The Board has remanded the case due to a duty-to-assist error, requiring an examination to determine if the appellant's conditions are manifestations of spina bifida.
The deciding factor: The decision was remanded because the originating agency did not obtain a VA examination regarding whether the appellant's disabilities are a form of spina bifida.
- Claimed conditions
- severe congenital scoliosis, tethered spinal cord, post-laminectomy syndrome, drop foot, bladder pain, back/hip pain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2021
- Citation
- A21017165
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 A21017165.
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 has decided to remand the claim of service connection for drop foot, as it is unclear whether this condition is caused or aggravated by the Veteran's service-connected right knee disability. The case will be returned to the AOJ for further evaluation and a new medical opinion.
- Dismissed
The Board has dismissed the appeals for entitlement to an increased rating for weakness of the right lower extremity with drop foot and for financial assistance for automobile or other conveyance and adaptive equipment or adaptive equipment only, as the appellant withdrew his appeal through his authorized representative.
- Denied
The Veteran's appeal was denied as he did not file a timely substantive appeal following the issuance of a September 2019 Statement of the Case (SOC).
- Remanded (sent back)
The Board has remanded the cases due to duty-to-assist errors, specifically regarding the Veteran's claimed exposure to herbicide agents while stationed on Midway Island. The VA must attempt to verify this exposure and determine what additional development is needed.
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