The Veteran's claim for compensation under 38 U.S.C. §1151 is remanded due to concerns about the timing and effectiveness of physical therapy following his surgery.
The deciding factor: The Board found that a new medical opinion was necessary to address whether the delay in physical therapy treatment caused worsening of the Veteran's disability, and if it was reasonably foreseeable for him to develop contracture of fingers one and three after the November 2006 surgery.
- Claimed conditions
- Dupuytren's contracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2019
- Citation
- 19148715
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 veteran's claim for a higher rating for back disability was denied. Other issues related to service connection and total disability were remanded for further review.
- Remanded (sent back)
The Board of Veterans' Appeals remands the claims for service connection for various conditions, including hypertension, a gastrointestinal disability, sleep apnea, a skin disability, Dupuytren's contracture, and Peyronie's disease, due to inadequate VA examinations.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability resulting from an October 2010 right hand surgery, finding that VA did not act with fault and that any additional disability was reasonably foreseeable.
- Remanded (sent back)
The Board has remanded the claims for service connection for a condition of the hands and fingers, sleep apnea, and hypertension due to additional development being required. The Veteran's representative provided new evidence in September 2020.
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