The Board has determined that the Veteran's claim for service connection for a right arm disability, including forearm injury residuals and lateral epicondylitis must be remanded due to lack of compliance with previous remand instructions regarding scheduling of VA examinations.
The deciding factor: The Board found there was no documentation showing attempts were made to contact the Veteran for scheduled VA examinations, which is required by previous remand instructions.
- Claimed conditions
- right arm disability, forearm injury residuals, lateral epicondylitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20007803
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 appeal for further examination to determine the nature and etiology of the Veteran's bilateral upper extremity disabilities.
- Dismissed
The appeal for a rating in excess of 30 percent for service-connected foot disability was dismissed, and the claims for service connection for left knee, right knee, left shoulder, and right arm disabilities were reopened.
- Remanded (sent back)
The Board remands the claim for service connection for a right arm disability due to pre-decisional duty to assist errors and an inaccurate factual basis in the previous VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a right arm disability, right wrist disability, left wrist disability, migraines, sleep apnea, and a gastrointestinal disability to correct duty-to-assist errors.
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