The Veteran's claim for service connection for mitochondrial myopathy and cytopathy, to include Kearns-Sayre syndrome is being remanded due to the need for additional medical records from private facilities.
The deciding factor: VA was unable to obtain necessary private medical records from University Hospital in Cincinnati, Scripps in La Jolla, and University Hospital in Albuquerque.
- Claimed conditions
- mitochondrial myopathy, cytopathy, Kearns-Sayre syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 14, 2011
- Citation
- 1138295
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 1138295.
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 a separate rating for ocular symptomatology as part of the rhabdomyolysis rating assignments, finding that the Veteran's eye disorders are not caused or aggravated by his service-connected rhabdomyolysis.
- Whole decision: Granted
The Veteran's service-connected mitochondrial myopathy and peripheral neuropathy of the lower extremities result in actual loss of use of the lower extremities, meeting the criteria for financial assistance in purchasing an automobile or other conveyance.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for mitochondrial myopathy, a rating in excess of 20 percent for diabetes mellitus, type II, and TDIU prior to September 4, 2014. The claims are being returned for additional development.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to conflicting information regarding the Veteran's service-connected disabilities and their impact on his ability to use his feet. The VA is instructed to schedule an examination to clarify these issues.
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