The Board is remanding the case to allow for a determination of whether new and material evidence has been submitted since the August 2005 decision, which denied reopening the Veteran's claim for compensation under 38 U.S.C.A. � 1151 for residuals of a rib resection.
The deciding factor: The Board is remanding to allow for consideration of new and material evidence in light of the Court's October 2012 decision, which noted additional medical evidence submitted by the Veteran that was not initially considered by the RO.
- Claimed conditions
- rib resection, long thoracic nerve palsy, right arm pain, back pain, winged scapula
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2013
- Citation
- 1316303
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 1316303.
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.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for back pain and neck pain, finding no current disability. The claim for Non-Hodgkin's lymphoma is remanded due to inadequate consideration of all potential exposures.,The claim for an acquired psychiatric disability (PTSD) is also remanded due to a lack of development of the Veteran's therapist's records.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
- Granted
The Board has granted service connection for a back disability, including back pain and lumbosacral strain, finding that the evidence is at least in relative equipoise as to whether the Veteran's current back disability is related to his active-duty service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.