The Board remands the case to schedule an appropriate examination to determine if additional disability was caused by VA surgeries and whether such disability was due to carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of the VA.
The deciding factor: The evidence does not provide a clear answer regarding causation and fault related to the Veteran's additional disabilities following his surgeries at a VA facility.
- Claimed conditions
- Left shoulder surgery residuals, Left elbow damages, Left ulnar nerve damage
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2009
- Citation
- 0909625
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.
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