The Board remands the claims for service connection for residuals of a deviated septum to include chronic sinusitis, restless leg syndrome of the right and left legs due to inadequate medical opinions.
The deciding factor: Inadequate medical opinions were provided as they did not conform with the 'but for causation' legal standard set by the U.S. Court of Appeals for the Federal Circuit decision in Spicer v. McDonough.
- Claimed conditions
- Residuals of a deviated septum to include chronic sinusitis, Restless leg syndrome of the right leg, Restless leg syndrome of the left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- 25005485
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 remands the Veteran's claims for service connection for peripheral neuropathy and restless leg syndrome of both lower extremities to provide notice concerning his right to a pre-decisional hearing before the AOJ.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining the Veteran's complete service records and scheduling appropriate examinations to clarify the nature and etiology of the claimed disabilities.
- Remanded (sent back)
The Board remands the claims for service connection for restless leg syndrome of both legs due to a need for an addendum opinion regarding their etiology.
- Dismissed
The Board dismissed the appeals for service connection for bilateral hearing loss, migraine headaches, erectile dysfunction, a left shoulder condition, and a neck condition, as well as an earlier effective date claim regarding PTSD. The claims for carpal tunnel syndrome and shin splints were denied, while other claims were remanded.
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