The Board has decided to remand the veteran's claims for additional development due to the lack of certain VA treatment records, specifically physical therapy notes from August 24, 2015.
The deciding factor: The AOJ failed to obtain the requested physical therapy records and did not provide an explanation for their unavailability.
- Claimed conditions
- limitation of motion of the neck, limitation of motion of the right shoulder, limitation of motion of the right elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2019
- Citation
- 19104478
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 Veteran's claims for increased ratings and restoration of a rating are being remanded due to the need for additional medical examinations and the submission of outstanding private treatment records.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.