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 assigned
- None in this 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 vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23001077.
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 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.
- Dismissed
The Board dismissed all claims for increased ratings and earlier effective dates as they were part of a pending Legacy appeal.
- 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.
- 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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