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
Veterans Law Judge
Decisions by this judge: 1,013 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Remanded (sent back)
The Board remands the claims for higher initial disability ratings for PTSD, TBI, and left ulnar nerve damage due to a duty-to-assist error in not obtaining service treatment records and VA examinations.
- Granted
The RO granted service connection and a separate compensable disability rating for left ulnar nerve damage effective June 15, 2011. The Veteran's claim was not previously denied.
- Dismissed
The veteran's appeal has been dismissed due to his death. The claims for PTSD, increased disability rating for left ulnar nerve damage, and increased disability rating for other impairment of the left humerus have not progressed as the appellant is deceased.
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