The Board has decided to remand the case due to a duty-to-assist error, requiring additional development and obtaining an addendum opinion or scheduling a VA examination.
The deciding factor: More development is necessary as there was a duty-to-assist error that occurred prior to the October 2022 decision on appeal.
- Claimed conditions
- Inclusion body myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 6, 2023
- Citation
- 23001077
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 23001077.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted increased ratings for the Veteran's inclusion body myositis, right and left hip limitations of motion, and loss of use of the right hand prior to certain dates, while denying an increased rating for a right hand disability since August 14, 2023.
- Whole decision: Dismissed
The Board dismissed all claims for increased ratings and earlier effective dates as they were part of a pending Legacy appeal.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate VA medical opinions regarding the etiology of the Veteran's inclusion body myositis. The Veteran asserts his condition is related to exposure to herbicide agents during service, but the VA examiners did not adequately address this claim.
- Whole decision: Remanded (sent back)
The Board has found that there are outstanding VA and private treatment records for the Veteran's conditions, including his inclusion body myositis and peripheral neuropathy. The claims are remanded to obtain these records and to secure VA opinions regarding the nature and etiology of the Veteran's disabilities.
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