The Board has granted the Veteran's petition to reopen his claim of service connection for a neurological disorder, including congenital paramyotonia and muscular dystrophy. The issues of service connection for peripheral neuropathy of the bilateral upper and lower extremities are remanded due to unresolved questions regarding the nature and etiology of these conditions.
The deciding factor: New evidence has been submitted that relates to an unestablished fact necessary to substantiate the claim, raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- neurological disorder, congenital paramyotonia, muscular dystrophy, stiff person syndrome, a condition of the hands
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001539
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (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 23001539.
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.
- Dismissed
The Board dismissed the appeal as the appellant died during the pendency of the case, and thus has no jurisdiction to adjudicate the merits of the service connection claim for a neurological disorder secondary to a service-connected left shoulder disability.
- Granted
The Board has granted service connection for muscular dystrophy, glycogen storage myopathy, and minicore myelopathy.,Service connection is also granted for respiratory disability (COPD) due to environmental exposure.
- Granted
The Board has granted service connection for the Veteran's muscular dystrophy, finding that it pre-existed service but was aggravated by active duty service.
- Remanded (sent back)
The Board has ordered the AOJ to obtain missing VA treatment records from 1972-1980 and seek new medical opinions on the nature and etiology of the Veteran's claimed neurological disorders, including trigeminal neuralgia. The AOJ must also ensure that any examination report complies with these instructions.
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