The Board has found that the VA examiner's opinion regarding the connection of the Veteran’s restless leg syndrome to his service and other conditions was not compliant with the November 2019 decision. Therefore, a new examination is required.
The deciding factor: The previous opinion did not consider the presumed exposures during the Veteran's Southwest Asia service or address whether the Veteran's restless leg syndrome was aggravated by any of his service-connected disabilities.
- Claimed conditions
- restless leg syndrome
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20067087
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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted a 20 percent initial rating for bilateral dry eye syndrome and service connection for left knee strain, but denied other claims including increased ratings for right lower extremity radiculopathy, bilateral hearing loss, incomplete right bundle branch block (claimed as cardiac arrhythmia), degenerative disc disease of the thoracolumbar spine with IVDS, scarring of the left inguinal area, status post varicocele surgery, and service connection for left shoulder strain and restless leg syndrome.
- Denied
The Board denied service connection for all claimed conditions as the evidence of record did not support a finding that any of these conditions were present during or related to the Veteran's active duty service.
- Denied
The Board denied service connection for all claimed conditions as the evidence of record did not support a finding that any of these conditions were present during or related to the Veteran's active duty service.
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