The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for a VA examination to determine if his right upper extremity disability, including pain and numbness, is related to carelessness or negligence during the September 2013 surgical procedure.
The deciding factor: The claims require further medical evaluation to determine the cause of the Veteran's current symptoms.
- Claimed conditions
- right arm scarring, right elbow pain, right elbow numbness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143796
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.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
- Remanded (sent back)
The Board remands the claim for service connection for right elbow pain to obtain a more adequate medical opinion.
- Denied
The Board denied service connection for the claimed conditions as there was no evidence of a current disability that began during active service or is otherwise related to an in-service injury or disease.
- Denied
The Board denied service connection for lower back pain, right ankle pain, left ankle pain, right elbow pain, left knee pain, and right knee pain as there is no evidence of a current disability or chronic functional impairment.
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