The Board has determined that the VA medical opinion provided was inadequate and remands the case for a new examination to address the etiology of the Veteran's right elbow disability, as well as whether it is secondary to service-connected sleep apnea or tendinopathy of the right shoulder.
The deciding factor: The previous VA examiner's opinions were based on an inaccurate factual premise and did not adequately consider the Veteran's reports of symptoms in service and thereafter.
- Claimed conditions
- Right elbow degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2023
- Citation
- 23015541
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 23015541.
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 has decided to remand the case for additional development due to inadequate medical opinions in previous examinations.
- Remanded (sent back)
The Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, warranting a grant of TDIU effective November 16, 2020. The appeal is remanded for consideration of TDIU prior to this date.
- Denied
The Board found no evidence to support a connection between the Veteran's right elbow disability and his military service, including an in-service injury. The Veteran's current condition is attributed to age-related degeneration rather than service.
- Denied
The Board found that the Veteran's right elbow degenerative arthritis with residuals does not warrant a higher disability rating, as it did not meet the criteria for a rating in excess of 10 percent under the applicable diagnostic codes.
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.