The Board has found that the March 2004 rating decision did not become final due to new and material evidence submitted within one year of notice. The claim for an earlier effective date is remanded.
The deciding factor: A previous RO determination was not final as new and material evidence was received within one year following notice of the decision.
- Claimed conditions
- thoracolumbar spine disability, scoliosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2023
- Citation
- A23033933
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 A23033933.
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 claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Granted
The Board has granted service connection for a thoracolumbar spine disability, but denied service connection for bilateral hearing loss disorder, gout, multiple painful joints, bilateral ankle disorder, bilateral knee disorder, and obstructive sleep apnea (OSA).
- 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.
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