The Board remands the Veteran's claim for service connection for a neurological disability, to include amyotrophic lateral sclerosis (ALS) and crural monomelic amyotrophy (CMA), due to a pre-decisional duty to assist error.
The deciding factor: The Board finds that there has been a pre-decisional duty to assist error requiring remand for an etiological VA examination, as the Veteran's in-service treatment record shows evidence of a neurological event, injury, or disease sufficient to satisfy the second McLendon criteria.
- Claimed conditions
- neurological disability, to include amyotrophic lateral sclerosis (ALS) and crural monomelic amyotrophy (CMA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2025
- Citation
- A25037977
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 service connection for a cervical spine disability, CFS, muscle pain, and neurological disabilities as there was no evidence of current diagnoses at the time of filing or during the pendency of the claims.
- Granted
The Board granted service connection for a neurological disability, excluding fibromyalgia, based on the Veteran's active military service during the Persian Gulf War.
- Remanded (sent back)
The Board remanded the claim for service connection of a left arm disability, other than LUE peripheral neuropathy. The Veteran's appeal regarding respiratory disorder, fibromyalgia, and neurological disability will be addressed later.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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