The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claim for service connection for muscle twitching and muscle spasms, including as a qualifying chronic disability under 38 C.F.R. § 3.317. The Veteran served in Kuwait during his second period of active duty.
The deciding factor: The Board found that relevant records are missing from the claims file, particularly those related to the Veteran's service in Kuwait and Persian Gulf War exposure.
- Claimed conditions
- muscle twitching, muscle spasms
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2012
- Citation
- 1238049
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 1238049.
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 Veteran's right hip pain, muscle spasms, Bell's palsy, trouble breathing, and shaving profile/skin condition are all granted service connection. However, the claims for muscle spasms, Bell's palsy, trouble breathing, and shaving profile/skin condition were denied as there is no current diagnosis of these conditions.
- Remanded (sent back)
The Veteran's eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to insufficient evidence in the March 2025 decision. The Board requires a medical opinion from CEAT regarding the Veteran's need for personal care services and supervision.
- Remanded (sent back)
The Board has remanded the claim for a new examination and opinion to determine if the Veteran's lower back disability is related to service, including his in-service injuries.
- Denied
The Board denied service connection for muscle spasms, finding that the Veteran does not have a separate diagnosed condition and that his back spasms are symptoms of his existing back condition.
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