The Board has remanded the claims for service connection due to insufficient evidence regarding whether preexisting scoliosis was aggravated by active duty, and because these issues are inextricably intertwined with the underlying thoracolumbar spine disability claim.
The deciding factor: The Board found that the medical opinion provided did not address whether the appellant's preexisting scoliosis was clearly and unmistakably not aggravated during his period of active duty.
- Claimed conditions
- thoracolumbar spine scoliosis, cervical spine degenerative joint disease (spondylosis), bilateral carpal tunnel syndrome of the upper extremity
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2022
- Citation
- 22051180
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 22051180.
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 remanded the claim of service connection for low back disability due to a lack of medical evidence addressing its etiology. The Veteran's contentions about her in-service injuries and symptoms will be considered, along with any relevant post-service symptoms.
- Remanded (sent back)
The Board has determined that the VA examination and medical opinions provided for the thoracolumbar spine scoliosis issue were not fully adequate, particularly regarding whether the appellant's preexisting condition is classified as a defect or disease. The Board also noted that there was no entrance or enlistment examination in 2009 or 2010, so only the equipoise standard applies to establish her scoliosis preexisted service.
- Denied
The Board denied the veteran's claims for increased ratings for her left shoulder, right hip, and thoracolumbar spine disabilities.
- Partly granted
The Board granted service connection for thoracolumbar spine scoliosis and lumbosacral strain. The rating for right ankle lateral collateral ligament sprain residuals was increased to 20 percent on September 11, 2024.
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