The Veteran's claims for an increased rating for myotonic dystrophy type II and a TDIU are being remanded due to the need for additional development, including scheduling of a VA examination.
The deciding factor: Additional development is necessary as the Veteran did not report to a scheduled VA examination related to her claim for increased rating for myotonic dystrophy type II and there was uncertainty regarding the relevance of another scheduled examination. The TDIU claim also requires confirmation that the Veteran received the appropriate form.
- Claimed conditions
- myotonic dystrophy type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2017
- Citation
- 1758120
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 1758120.
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.
- Denied
The Veteran's claim for an increased rating and TDIU for myotonic dystrophy type II was denied. The Board found that the symptoms related to the service-connected condition are contemplated by the current 30 percent rating, and there is no evidence of unemployability due to service-connected disabilities.
- Remanded (sent back)
The Veteran's service-connected myotonic dystrophy type II is being remanded for a VA examination to assess the severity of her condition. The TDIU claim remains on appeal and will be adjudicated after the increased rating issue is decided.
- Remanded (sent back)
The Veteran's service-connected myotonic dystrophy type II is being remanded for a new VA examination to assess the severity of her condition. The TDIU claim is also being remanded due to inconsistencies in the record.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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