The Veteran's claim for service connection for a mid/low back condition is being remanded due to new evidence submitted since the previous denial. The Board finds that the preexisting scoliosis and lumbar retrolisthesis may be considered congenital defects, but further clarification on whether they are diseases or defects is needed.
The deciding factor: The Veteran's preexisting conditions (scoliosis and lumbar retrolisthesis) need to be clarified as either congenital defects or diseases before determining their relationship with service.
- Claimed conditions
- mid/low back condition, scoliosis, lumbar retrolisthesis, thoracic spasm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 5, 2024
- Citation
- A24053286
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 A24053286.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Granted
The Board has granted service connection for a lumbosacral strain, degenerative arthritis, lumbar retrolisthesis, a vertebral fracture, and DDD (back disability), as well as right and left lower extremity radiculopathy secondary to the back disability. The decision is based on evidence showing an in-service fall causing a back injury that led to current diagnoses.
- Whole decision: 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.
- Whole decision: 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.
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