The case is being remanded to the RO for further action, including asking the appellant whether she wants a hearing and scheduling one if desired. The appeal will be returned to the Board following appropriate appellate procedure.
The deciding factor: The decision was not about service connection but rather about basic eligibility for Dependent's Educational Assistance under Chapter 35, Title 38, United States Code, which requires further action including a hearing request and scheduling if desired by the appellant.
- Claimed conditions
- cause of death
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2004
- Citation
- 0401286
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 0401286.
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 remands the claim for a clarifying opinion on whether the Veteran's service-connected disabilities caused his death through obesity as an intermediate step.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a need for additional evidence, specifically an autopsy report and a medical opinion.
- Remanded (sent back)
The Board remands the issue of service connection for the Veteran's cause of death, to include as a result of exposure to ionizing radiation, due to lack of substantial compliance with previous remand directives.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a pre-decisional duty to assist error and the need for a VA medical opinion.
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