The Board has remanded the case due to issues related to effective dates for service connection of various conditions, including right and left upper extremity muscle weakness and peripheral neuropathy. The CUE claims have also been referred back to the AOJ.
The deciding factor: The decision is based on the need to address the Veteran's assertions regarding clear and unmistakable error (CUE) in prior rating decisions that did not grant separate ratings for his disabilities of each extremity.
- Claimed conditions
- right upper extremity muscle weakness, left upper extremity muscle weakness, right lower extremity peripheral neuropathy due to multiple sclerosis and radiculopathy due to lumbar spine associated with multiple sclerosis with monophasic demyelinating episodes, left lower extremity peripheral neuropathy due to multiple sclerosis and radiculopathy due to lumbar spine associated with multiple sclerosis with monophasic demyelinating episodes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2023
- Citation
- 23024262
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 23024262.
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.
- Remanded (sent back)
The Veteran's appeal involves multiple service-connected and non-service-connected conditions, with some issues being remanded for further evaluation. The primary issue is the need to determine if additional evaluations are warranted for various disabilities.
- Granted
The Veteran is granted a higher rate of special monthly compensation (SMC) at the rate under subsection (r)(1) based on his service-connected conditions and need for regular aid and attendance.
- Denied
The Board denied the Veteran's claim for special monthly compensation in excess of the 38 U.S.C. § 1114(m) rate due to a lack of evidence showing anatomical loss or loss of use of both arms, both legs, one arm and one leg, or blindness without light perception in both eyes.
- Denied
The Board denied earlier effective dates for the grants of service connection for various conditions, including migraine headaches, obstructive sleep apnea, hypertrophic cardiomyopathy, myasthenia gravis with right upper extremity muscle weakness, and others.
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