The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a right elbow disability, but the claim remains denied as there is no clear and unmistakable evidence that the condition was not aggravated by service. The case is remanded for further development.
The deciding factor: The Board found insufficient evidence to determine if the Veteran's right elbow disability clearly and unmistakably existed prior to service or was aggravated during service, necessitating an addendum opinion from a qualified clinician.
- Claimed conditions
- Right Elbow Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 14, 2023
- Citation
- 23009278
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 23009278.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 determined that the Veteran's current right shoulder disability is not related to service, but the right elbow disability requires further review due to a duty-to-assist error in obtaining an inadequate medical opinion.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to duty to assist errors identified during higher-level review. The Veteran's right knee and right elbow disabilities are now subject to further development.
- Whole decision: Granted
The Veteran's right elbow disability resulted in flexion limited to 90 degrees, which meets the criteria for a 20 percent rating under Diagnostic Code 5206.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient medical opinions and a need for further development.
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