The Board denied compensation under 38 U.S.C. § 1151 for a right hand, arm, and shoulder disability due to the July 2008 cubital tunnel release surgery because there was no evidence of additional disability proximately caused by VA's carelessness or negligence.
The deciding factor: The Board found that the Veteran's current upper extremity disabilities were more likely related to overuse after a knee surgery rather than the July 2008 cubital tunnel release procedure.
- Claimed conditions
- Right upper extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 13, 2022
- Citation
- 22051973
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. Read the original VA decision (opens in a new tab) using citation 22051973.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to inadequate opinions in previous VA examinations, and a new examination is required to determine if the Veteran's right upper extremity disability is related to his active service.
- Whole decision: Remanded (sent back)
The Board remands the issues of entitlement to separate compensable ratings for bilateral lower extremity and upper extremity disabilities due to insufficient medical evidence.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran does not have a current diagnosis of any claimed conditions and therefore service connection is denied. The issues of hypertension, heart disability, disabilities of the upper and lower extremities, anemia, sinusitis, and allergic rhinitis are remanded for further development.
- Whole decision: Remanded (sent back)
The Board has decided that the Veteran's right upper extremity disability is associated with and/or secondary to his service-connected cervical spine disorder, but further examination is needed to determine this.
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