The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The VA examiner did not adequately address the Veteran's lay contentions about in-service injuries. A new examination is needed.
The deciding factor: The Board found that the remand instructions were not substantially complied with, particularly regarding the verification of the Veteran's periods of ACDUTRA and INACDUTRA service.
- Claimed conditions
- neck disability (degenerative arthritis and intervertebral disc syndrome), right upper extremity nerve impairment, left upper extremity nerve impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2022
- Citation
- 22066938
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 22066938.
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.
- Partly granted
The Veteran's claims for earlier effective dates for service connection were granted, while the claim for a compensable rating for hypertension was denied. A 40 percent rating was granted for diabetes mellitus type II with retinopathy.
- Partly granted
The Board denied earlier effective dates for PTSD and left upper extremity nerve impairment but remanded the rating issue for the left shoulder disability.
- Dismissed
The Veteran's appeal for a higher rating for bilateral dry eye syndrome is dismissed as it constitutes an impermissible concurrent election.,The Veteran's appeal for a higher rating for tinnitus is dismissed because the January 2022 decision did not address this issue and there was no appealable rating decision within one year of the September 2022 VA Form 10182.,The Veteran's appeal for an earlier effective date for service connection for migraine headaches is granted, with the effective date set at May 13, 2014. The claim for an earlier effective date for left and right upper extremity nerve impairment and vision problems related to bilateral dry eye syndrome is denied.,The Veteran's appeal for an earlier effective date for service connection for left and right upper extremity nerve impairment and vision problems related to bilateral dry eye syndrome is denied.
- Remanded (sent back)
The Veteran's service treatment records are missing and have not been obtained. The Board has remanded the case for further development, including obtaining VA examinations to determine if the claimed conditions were caused by military service.
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