The Board has remanded the Veteran's extraschedular rating claim for weakness of the left upper extremity secondary to surgery and radiation treatment due to inconsistencies in physical examination findings and inconsistent statements from the Veteran.
The deciding factor: There are discrepancies between the physical findings reported at two VA examinations, which require further clarification through a new examination.
- Claimed conditions
- weakness of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2012
- Citation
- 1212469
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 1212469.
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-connected autoimmune disorder to include rheumatoid arthritis has resulted in the need for aid and attendance of another, as evidenced by his inability to perform daily activities independently due to joint pain, swelling, and weakness. He requires assistance with bathing, grooming, and keeping himself clean and presentable.
- Remanded (sent back)
The Board has determined that there was clear and unmistakable error in assigning an earlier effective date for the grant of service connection for left upper extremity weakness, left lower extremity weakness, and chronic kidney disease with hypertension. The Veteran's claims are remanded to obtain a new rating decision.,Additional examinations are needed to address the severity of the Veteran's sleep apnea, bilateral hearing loss, and TDIU prior to November 16, 2021.
- Remanded (sent back)
The Board has found that additional development is needed due to the passage of time and changes in the Veteran's condition. The Veteran will be provided with a VA examination to assess his current symptomatology, and all relevant VA treatment records must be obtained.
- Remanded (sent back)
The Board has remanded the claims for entitlement to service connection for various conditions due to a lack of VA treatment records from 2012 onwards. The Veteran's service treatment records are unavailable and have been destroyed.
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