The Board has remanded the case to clarify the period of service during which the VA examiner believed that the Veteran had symptoms of multiple sclerosis. The claims for service connection will be readjudicated based on all available evidence, including new private medical records.
The deciding factor: Clarification is needed from the May 2003 VA examiner regarding the specific period of service to which they referred when stating it was 'as likely as not' that the Veteran had symptoms of multiple sclerosis during service.
- Claimed conditions
- multiple sclerosis, chronic dermatitis, a chronic disability manifested by dry skin, a chronic urinary tract disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2009
- Citation
- 0939312
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 0939312.
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 denied service connection for contact dermatitis, multiple sclerosis, and eye disorder due to lack of current diagnoses. The claims are remanded as there were pre-decisional duty-to-assist errors in the original decision.
- Granted
The Veteran's service connection claims for PTSD, alcohol and cocaine abuse disorder, and multiple sclerosis are all granted. The claim for multiple sclerosis is based on a current diagnosis within the 7-year presumptive period after separation from service.
- Granted
The Board has determined that the July 1, 2020, VA Form 9 was timely filed and thus grants the appeal for the evaluation of service-connected PTSD, total disability rating based on individual unemployability (TDIU), and service connection for erectile dysfunction, diabetes, and multiple sclerosis.
- Denied
The Veteran's claims for a compensable evaluation for service-connected migraine headaches and an evaluation in excess of 30 percent for service-connected multiple sclerosis have been denied. The evidence does not support the assignment of higher ratings under the applicable rating criteria.
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