The Board has remanded the claims for service connection due to a lack of discussion on whether an examination or opinion is warranted and because the right arm condition is inextricably intertwined with the neck condition.
The deciding factor: The Court found that the Board failed to discuss why the Veteran was not entitled to an examination or opinion regarding his claimed conditions, including the need for such due to duty-to-assist requirements under 38 C.F.R. § 3.159(c)(4).
- Claimed conditions
- chronic neck pain with right shoulder numbness, right arm condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2009
- Citation
- 0940633
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 0940633.
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.
- Granted
The Veteran's service connection claims for hypertensive heart disease, chest condition, left arm condition, right arm condition, left knee condition, right knee condition, and acquired psychiatric disorder are all granted.
- Dismissed
The Veteran's appeal has been dismissed due to their death. The claims for service connection have not been decided.
- Dismissed
The Veteran's appeal for service connection on multiple conditions was dismissed due to the absence of a decision addressing tinnitus. The issues of hypertension, sinus condition, bilateral eye condition, right wrist disability, and bilateral hand, arm, elbow, and shoulder disabilities were withdrawn by the Veteran.
- Remanded (sent back)
The Board has remanded the claims for benign paroxysmal positional vertigo, valvular heart disease, hypertension, left wrist condition, right wrist condition, left ankle condition, right ankle condition, right elbow condition, left elbow condition, neck condition, right arm condition, left arm condition, sleep apnea, left knee condition, right knee condition, back condition, bowel condition, headaches, and bilateral flatfoot for further adjudication due to a failure to provide notice of the right to a hearing as provided by 38 C.F.R. �� 3.103(b)(1) and (d)(1).
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