The Board has denied service connection for a thoracolumbar spine disability due to the absence of evidence of current disability.,The Veteran's claim for sleep disorder is remanded as there was no VA examination or opinion regarding her claimed condition.,The Veteran's cervical dystonia claim is remanded as she did not receive an appropriate medical opinion from a neurologist regarding aggravation by service-connected conditions.,The Veteran's head tremors and tension headaches claims are remanded due to the inextricability of these issues with her cervical dystonia claim.
The deciding factor: There is no current evidence of a thoracolumbar spine disability, and the Board finds that the Veteran does not have such a condition.,The record lacks a diagnosis for a sleep disorder, but the March 2018 VA examination found her sleep problems were secondary to service-connected anxiety. The Board finds this error in obtaining an opinion from a neurologist is a duty-to-assist error and remands the case.,The Veteran's cervical dystonia was not aggravated by active-duty service as indicated by previous VA examinations, but further medical opinion from a neurologist is needed to address aggravation.,The Board finds that any decision regarding cervical dystonia may affect her claims for head tremors and tension headaches due to their inextricable nature.
- Claimed conditions
- thoracolumbar spine disability, sleep disorder, cervical dystonia, head tremors, tension headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2024
- Citation
- A24049376
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 A24049376.
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 has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- 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.
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