The Board has remanded the case for further development, including obtaining a VA medical opinion regarding the Veteran's right upper extremity disability and considering whether separate ratings are warranted. The appellant's accrued benefit claims will also be reconsidered.
The deciding factor: The Court ordered the Board to consider whether separate ratings are possible for any right arm disability related to the service-connected cervical spine disability, as well as to determine if TDIU is warranted.
- Claimed conditions
- herniated nucleus pulposus of the cervical spine, right upper extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2009
- Citation
- 0943101
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 0943101.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for a psychiatric disorder, to include generalized anxiety and depression; obstructive sleep apnea; left upper extremity disability; and right upper extremity disability.
- Dismissed
The Veteran's appeal for service connection for left upper extremity, right upper extremity, and low back disabilities was dismissed due to failure to respond to requests for clarification regarding the preferred docket.
- Remanded (sent back)
The Board remands the claim for a right upper extremity disability to correct a duty to assist error, as the AOJ did not address all claims reasonably raised by the record and did not obtain an adequate medical opinion.
- Remanded (sent back)
The Board remands the claim for a right upper extremity disability secondary to a service-connected left radial nerve disability due to an inadequate medical opinion.
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