The Board has remanded the Veteran's claim for service connection for his thoracic back condition, including scoliosis and Schmorl's nodes. The case is being returned to the RO for further development, specifically an addendum VA examination by a clinician who will address whether the Veteran's conditions were clearly and unmistakably preexisting at the time of entry into service or as likely as not acquired during service.
The deciding factor: The Board found that the opinion provided by A.G.J., a physician assistant, was facially insufficient due to its reliance on the 'clearly and unmistakable' standard without providing any medical basis for this finding. The VA clinician is required to provide an addendum opinion addressing whether the Veteran's scoliosis and Schmorl's nodes were clearly and unmistakably preexisting at the time of entry into service or as likely as not acquired during service.
- Claimed conditions
- scoliosis, Schmorl's nodes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 16, 2022
- Citation
- 22015111
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. Read the original VA decision (opens in a new tab) using citation 22015111.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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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