The Board has remanded the Veteran's claim for service connection for insomnia with fatigue (claimed as chronic fatigue syndrome) due to pre-decisional errors in fulfilling the duty to assist. The AOJ must obtain a medical nexus opinion regarding the etiology of the Veteran's insomnia and whether it is related to his military service, including his motor vehicle accident in service, service in Iraq, or toxic exposure risk activities (TERAs).
The deciding factor: The Board found that there were pre-decisional errors in expanding the Veteran's initial claim for chronic fatigue syndrome due to the July 2019 VA examiner's findings and obtaining a medical nexus opinion regarding the probable etiology of the Veteran's insomnia.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Degenerative joint disease of the cervical spine, Insomnia with fatigue (claimed as chronic fatigue syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2024
- Citation
- A24030875
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 A24030875.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Remanded (sent back)
The Board has determined that the VA examiner's opinion regarding service connection for degenerative joint disease of the cervical spine is incomplete and requires further clarification. The case is being remanded to obtain an addendum opinion addressing whether the Veteran's current condition is related to his military service, including two claimed inservice collision injuries.
- Denied
The Veteran's cervical strain with spinal fusion is rated at 20 percent, and the Board denied an increased rating.,The Veteran's degenerative joint disease of the lumbar spine is rated at 20 percent, and the Board denied an increased rating.
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