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
- lumbosacral spine degenerative disc disease, scoliosis, lower extremity radiculopathy
- 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
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 remands the matter for a new VA examination and medical opinion to determine the nature and etiology of the Veteran's claim for service connection for scoliosis.
- Remanded (sent back)
The Board remands the claim for an initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
- Denied
The Board denied the claim for service connection for scoliosis and found that the reduction in the combined disability rating for bulging discs in the lumbar spine, lumbosacral strain, degenerative arthritis of the spine, and spondylosis from 40 percent to 10 percent was proper.
- Denied
The Board denied the veteran's claims for service connection for a back disability and for compensable ratings for bilateral hallux valgus, as there was no evidence of a current disability or functional impairment.
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