The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of service connection for muscle spasms is reopened due to new evidence submitted.
The deciding factor: New evidence received since the last denial relates to an unestablished fact necessary to establish the claim (the nature and etiology of current muscle spasms).
- Claimed conditions
- muscle spasms
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2019
- Citation
- 19184806
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.
- Remanded (sent back)
The Board remands the claim for service connection for fatigue and muscle spasms, to include CFS, as a VA examination is needed to determine if there is a link between these symptoms and the Veteran's active duty.
- Dismissed
The appeal for service connection for muscle spasms was dismissed as the Veteran did not file a timely appeal to the Court of Appeals for Veterans' Claims or request reconsideration within 120 days.
- Dismissed
The Board dismissed the appeal due to an impermissible concurrent election of review lanes.
- Denied
The Board denied the veteran's claims for service connection for muscle spasms and obstructive sleep apnea (OSA) on a direct basis, as well as remanded the claim for OSA as secondary to his service-connected psychiatric disorder.
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