The Board has remanded the case for a new VA examination to address whether the Veteran's ulnar neuropathy of the right upper extremity is an additional disability resulting from his September 2012 surgery at the University of Utah or due to negligent post-operative care at VA. The examiner must consider the Veteran's reports and provide rationale for their opinions.
The deciding factor: The Board found that a remand was necessary to obtain an addendum opinion addressing whether the Veteran has an additional disability as a result of his September 2012 surgery or post-operative care at VA, and if so, whether such disability is due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
- Claimed conditions
- ulnar neuropathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2022
- Citation
- 22059429
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 22059429.
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 claims for service connection for ulnar neuropathy of both upper extremities due to an inadequate VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient development and consideration of all relevant evidence, including a new VA examination that confirmed right upper extremity muscle weakness and burning sensations at night.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for ulnar neuropathy of the right upper extremity due to a negligent surgery performed at a non-VA facility in September 2012, and subsequent post-operative care at VA.
- Remanded (sent back)
The Board has remanded the case due to new evidence received after a recent Supplemental Statement of the Case (SSOC). The Veteran's claim for an increased rating and TDIU remains on appeal.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.