The Board has determined that the appellant's service connection claims must be remanded to determine his status at the time of the claimed injury, specifically whether he qualifies as a 'Veteran' for VA compensation purposes for his period of active duty training (ACDUTRA) and Nebraska Army National Guard service. If it is determined he qualifies as a 'Veteran', further medical opinions are needed to decide if his current disabilities incurred or aggravated during these periods.
The deciding factor: The appellant's status at the time of the claimed injury must be established before any compensation may be awarded for his period of active duty training (ACDUTRA) and Nebraska Army National Guard service.
- Claimed conditions
- right hand condition, right elbow condition, arthritis in the right elbow, neuropathy of the right elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2009
- Citation
- 0923027
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 0923027.
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 treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
- Dismissed
The Veteran's appeals for the proposed reduction of facial scars, an increased rating for tinnitus, and service connection for migraines have been dismissed due to untimely filings or lack of good cause.
- Dismissed
The Board has dismissed the appeals for service connection of various conditions as secondary to left ankle condition due to an improper concurrent election in a previous appeal.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to errors in notification letters.
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