The Board has remanded the case due to incomplete documentation and a need for further medical review regarding the Veteran's bilateral upper plexus stretch injuries resulting from cervical spine surgery. The appeal is pending until all necessary actions are taken.
The deciding factor: The decision was remanded because the claims file lacked complete informed consent documentation, which is crucial for determining liability under 38 U.S.C.A. § 1151.
- Claimed conditions
- bilateral upper plexus stretch injuries
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2017
- Citation
- 1721373
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 1721373.
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 denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for bilateral upper plexus stretch injuries secondary to cervical spine surgery, finding that there was no negligence or fault on VA's part and that the additional disability was not reasonably foreseeable.
- 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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