The Board has remanded the claims for a disorder of the left hand and sleep apnea due to inadequate September 2016 VA examinations.
The deciding factor: The parties agreed that the Board erred in relying on inadequate September 2016 VA examinations that were non-compliant with the prior July 2016 remand directives, specifically regarding the Veteran's left hand and sleep apnea disabilities.
- Claimed conditions
- left shoulder strain with AC joint arthritis, bilateral elbow disorder (chronic bilateral elbow strain with early degenerative changes), cervical spine disorder (chronic cervical spine strain with degenerative disc disease), disorder of the left hand (chronic strain of the left hand)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179303
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.