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
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examinations.
- Denied
The Board denied service connection for left elbow pain, right elbow pain, left hip pain, and right hip pain due to lack of evidence showing a current disability within one year of discharge from active duty or that the conditions were incurred in or caused by service.,For right elbow pain, the Board found no current disability as there was no complaint or treatment for an elbow condition during service or since. For left and right hip pain, the Board found no evidence showing a current disability within one year of discharge from active duty or that the conditions were incurred in or caused by service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of vertigo, right elbow pain, left elbow pain, and left knee pain due to a failure to provide adequate reasons or bases as to whether there was a pre-decisional duty to assist error.
- 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.
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