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
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.
- Denied
The Veteran's claims for PTSD, TBI, chronic fever, a mole under the left eye, and various dental conditions were denied as there was no current disability or evidence linking these conditions to service.
- Denied
The veteran's claims for increased initial disability ratings and service connection were denied as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.