The case is being remanded for a new VA opinion to determine if there was negligence in diagnosing and treating the Veteran's right arm condition from August 2005 to August 2006, and whether this treatment caused additional disability.
The deciding factor: The VA examiner must focus on the current right arm conditions and not whether a complete rupture of the biceps tendon occurred.
- Claimed conditions
- Right arm condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069408
Veterans Law Judge
Decisions by this judge: 713 · Granted: 31% (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 20069408.
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 remanded due to the need for a VA examination to determine the nature and etiology of his right arm condition, bilateral knee pain, and bilateral foot pain.
- Remanded (sent back)
The Board has determined that the Veteran does not have a current right arm condition, and thus service connection for this condition is denied. The claims of entitlement to initial compensable evaluations for left fifth finger strain, an earlier effective date for the grant of service connection for left fifth finger strain, and service connection for right hand strain, right fingers condition, and bilateral wrist conditions are remanded due to inadequate VA examinations.
- Remanded (sent back)
The Board has determined that there was not substantial compliance with the January 2021 remand directives and thus, the claims are being returned for further development.
- Granted
The Veteran's sleep apnea was granted service connection as it began during his active duty service.,The right arm condition is remanded for further examination to determine if it is secondary to the service-connected right shoulder rotator cuff repair.
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