The Board has remanded the case for additional development and adjudicative action due to a lack of proper findings regarding cubitus deformity in the Veteran's left elbow.
The deciding factor: The VA examiner did not specifically address the presence or absence of cubitus deformity in the Veteran's left elbow, which is necessary for proper adjudication of the claim.
- Claimed conditions
- left elbow fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2013
- Citation
- 1331320
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 1331320.
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 plantar fasciitis is rated at 30 percent effective July 24, 2024. The Veteran's residuals of a left elbow fracture are not entitled to an increased disability rating.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for left elbow limitation of extension and painful supination due to a duty to assist error in prior examinations.
- Granted
The Veteran's claim of service connection for a right eye disability, including corneal abrasions, is granted. The claims for left elbow disability and tinea pedis are denied.
- Dismissed
The claims of service connection for left hip fracture, left femur shaft fracture, left tibial plateau fracture, and left elbow fracture are dismissed as the Veteran did not properly initiate an appeal.,The claim of service connection for brain disease due to trauma (postconcussion syndrome with tinnitus, headaches, and history of ear injury) is dismissed because it was related to willful misconduct.
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