The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to inadequate examination and opinion regarding the cause of his disability.
The deciding factor: The VA examinations were insufficient in determining whether the Veteran's loss of use of both hands was caused by carelessness, negligence, or similar fault on the part of VA personnel.
- Claimed conditions
- loss of use of both hands
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2023
- Citation
- A23034286
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 A23034286.
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.
- Granted
The Veteran's loss of use of both hands is granted with a 100% rating from May 4, 2015 to September 15, 2019. SMC(n) and SMC(p) are also granted for the period before September 16, 2019.
- Remanded (sent back)
The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to numbness and loss of use in both hands resulting from surgery performed by VA in June 2016.
- Partly granted
The Board granted an initial 100 percent rating for Parkinson's disease with major neurocognitive disorder and a 100 percent rating for loss of use of both feet and hands from June 7, 2021. The other claims were denied.
- Remanded (sent back)
The Board remands the claims for additional development to determine whether the Veteran has an additional disability, to include a left and/or right wrist or hand disorder, as a result of the excision of a right shoulder mass and right cubital tunnel release performed by VA in June 2016 and/or as a result of his post-operative treatment.
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