The Board remands the claims for service connection for lumbosacral spine degenerative disc disease and scoliosis, as well as lower extremity radiculopathy secondary to these conditions, due to deficiencies in the evidence regarding aggravation of a pre-existing condition.
The deciding factor: The VA examiner's opinions did not use the correct evidentiary standard for determining whether there was clear and unmistakable evidence that the Veteran's back disorder was aggravated beyond its natural progression during service. Additionally, an addendum opinion is needed to address the nature and etiology of the lower extremity radiculopathy.
- Claimed conditions
- lower extremity radiculopathy, lumbosacral spine degenerative disc disease, scoliosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2025
- Citation
- A25031381
Veterans Law Judge
Decisions by this judge: 1,113 · Granted: 47% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25031381.
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.
- Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- 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.
- Granted
The Veteran's service-connected disabilities result in the permanent loss of use of his left foot and upper right extremity, allowing for entitlement to an allowance for an automobile or other conveyance and adaptive equipment.
- 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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