The Veteran's appeal of the rating assigned for genital herpes comes before the Board on appeal from an August 2015 rating decision that adjudicated a June 2015 increased rating claim. The effective date for the 60 percent rating is granted as of June 16, 2015.,The Veteran's service connection claims for fatigue and involuntary leg and arm movements during sleep are remanded due to inadequate opinions provided by VA.
The deciding factor: An earlier effective date of June 16, 2015, is granted for the 60 percent rating assigned for genital herpes. The Veteran's disability did not increase prior to this date.,The service connection claims for fatigue and involuntary leg and arm movements during sleep require new opinions addressing causation and aggravation under secondary service connection.
- Claimed conditions
- genital herpes, fatigue, involuntary leg and arm movements during sleep, gastrointestinal disability (other than IBS and fruit/lactose intolerance), left shoulder myofascitis with left shoulder strain and degenerative arthritis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2023
- Citation
- 23040048
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 23040048.
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 Board has determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including left leg shin splints, right leg shin splints, joint pain (claimed as arthritis), sleep apnea, fatigue, neck condition, acne, and lung condition. The evidence did not show a current disability or link to military service.
- Remanded (sent back)
The Board has granted service connection for cardiac autonomic neuropathy (CAN) and remanded the secondary service connection claims for GERD, hypertension, sleep apnea, gastritis, headaches, and fatigue as secondary to CAN.
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