The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's additional disability was caused by an event not reasonably foreseeable or if VA providers demonstrated carelessness, negligence, lack of proper skill when they used an alternate fixation location during his biceps avulsion.
The deciding factor: The decision is remanded for a new VA medical opinion on whether the Veteran's radial neuropathy was due to an unforeseeable event and if the use of an alternative fixation site demonstrated carelessness or negligence.
- Claimed conditions
- radial neuropathy
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2021
- Citation
- 21067251
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 21067251.
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 Board denied compensation under 38 U.S.C. § 1151 for residuals of left arm surgery, including nerve damage and limitation of range of motion due to lack of fault on the part of VA personnel.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's radial neuropathy is a result of his left arm surgery and if the VA providers demonstrated negligence during the procedure.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
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