The Veteran's claim for service connection for Creutzfeld-Jacob disease was denied. The right ankle disability is granted with a rating of 20 percent, but the left foot disability and other conditions are remanded due to insufficient evidence.
The deciding factor: Service connection cannot be established as there is no current diagnosis of Creutzfeld-Jacob disease. For the left foot disability, additional examination is needed to assess its severity during flare-ups and after repeated use over time.
- Claimed conditions
- Creutzfeld-Jacob disease, Right ankle disability, Left foot disability, Acquired psychiatric disability (to include depressive disorder), Joint pain, Chronic fatigue syndrome, Fever, chills, sweats, Guttate psoriasis (persistent rashes), Hypothyroidism, Gastrointestinal disability (to include irritable bowel syndrome (IBS) and gastroesophageal reflux disease (GERD)), Restless leg syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- 19176853
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.
- Dismissed
The appeal was withdrawn by the Veteran before the Board promulgated a decision.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
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