The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's right elbow disability. The examiner is requested to provide a clear and unmistakable opinion on whether any pre-existing condition existed prior to service, if so, whether it underwent no permanent increase in severity as a result of active service, or if not, whether it is at least as likely as not related to service.
The deciding factor: The Board found the VA examiner's opinions inadequate due to lack of rationale and unclear diagnosis. The case was remanded for further examination and opinion regarding the etiology of the right elbow disability.
- Claimed conditions
- Right elbow disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19187130
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 Board remands the issue of entitlement to a total disability rating based on individual unemployability (TDIU) for further development and readjudication.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Granted
The Board granted service connection for the veteran's claimed conditions, including iliotibial band syndrome of the left knee, a cervical spine disability, radiculopathy of the right and left upper extremities, alopecia totalis, a right hip disability, a left hip disability, a right elbow disability, a right shoulder disability, and a left shoulder disability.
- Remanded (sent back)
The Board remands the Veteran's claims for service connection for various disabilities and a TDIU due to pre-decisional duty-to-assist errors.
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