The Board has determined that there has not been substantial compliance with its prior remand directives and the claims for headaches, sleep disturbance disability, chronic fatigue syndrome (CFS), and fibromyalgia are being returned to the RO for additional development.
The deciding factor: The Board found that the previous remand instructions were not fully followed and thus the cases must be sent back for further action.
- Claimed conditions
- headaches, sleep disturbance disability, chronic fatigue syndrome (CFS), fibromyalgia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072090
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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
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