The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to a lack of substantial compliance with prior remand directives, specifically addressing October 2013 VA treatment records and EMG/NCS results.
The deciding factor: The examiner was instructed to address specific aspects related to the Veteran's care and potential negligence by VA in providing the cubital tunnel release, right carpal release, and right ring finger A1 pulley release procedures.
- Claimed conditions
- Right Arm Disability, Right Hand Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2023
- Citation
- 23063262
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 23063262.
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.
- Denied
The appeal for an increased rating for PTSD was denied, and the claims for service connection were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for right knee, right foot/ankle, left hand, and right hand disabilities to correct a duty to assist error by obtaining new VA examinations and opinions.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including OSA and hypertension, due to inadequate medical opinions.
- Denied
The Board denied the Veteran's claim for a total disability based on individual unemployability (TDIU) as his service-connected disabilities do not render him unable to secure and follow substantially gainful employment consistent with his educational and occupational background.
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