The Board has not complied with its September 2009 remand order to obtain the SF-522 and signed consent form for the July 2004 right thoracotomy. The case is REMANDED for these records to be obtained.
The deciding factor: The Board failed to comply with its previous remand directive to obtain the necessary VA surgical treatment records, specifically the SF-522 and signed consent form for the July 2004 right thoracotomy.
- Claimed conditions
- numbness and weakness of the right hand and arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2011
- Citation
- 1106492
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 1106492.
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 found that the veteran's right brachial plexopathy, causing numbness, weakness and pain in the right upper extremity, was most likely due to his July 2004 VA thoracotomy procedure. The evidence did not show any fault or negligence on VA’s part in providing the care, nor did it establish that informed consent was lacking. As a result, the veteran's claim for benefits under section 1151 was denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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