The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated private treatment records and VA examination reports. The issues of increased ratings for cervical spondylosis, myoclonic jerking of the lower extremities, and service connection for a heart disability are all remanded.
The deciding factor: The Board found that there were outstanding medical records and that additional development was necessary to ensure that all relevant evidence had been considered in reaching a decision on the Veteran's claims.
- Claimed conditions
- cervical spondylosis, myoclonic jerking of the right lower extremity, myoclonic jerking of the left lower extremity, heart disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180624
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 Board denied service connection for a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- Remanded (sent back)
The Board remands the claim for an initial rating higher than 30 percent for the service-connected heart disability to correct an error by the AOJ in not informing the Veteran of his right to a pre-decisional hearing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board granted service connection for hypothyroidism, DVT, and a heart disability as secondary to residuals of acute renal failure. The claim for an initial compensable rating for acute hepatocellular necrosis was denied.
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