The Veteran is seeking an increased disability evaluation for his chronic fatigue syndrome with migratory polyarthralgias, currently rated at 20 percent. The appeal is remanded due to the issue being inextricably intertwined with a previous determination regarding whether the Veteran submitted a timely substantive appeal from a prior rating decision.
The deciding factor: The Board finds that the issue of whether the RO's September 21, 2005, determination was clearly and unmistakably erroneous is inextricably intertwined with the certified issue of an increased evaluation for the Veteran's chronic fatigue syndrome with migratory polyarthralgias.
- Claimed conditions
- chronic fatigue syndrome with migratory polyarthralgias
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2010
- Citation
- 1009022
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 1009022.
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
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- Denied
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- Granted
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