The Board has remanded the case for further evaluation of whether any service-connected disabilities contributed to the veteran's death from acute and chronic respiratory insufficiency, Methicillin-resistant staph aureus pneumonia, chronic obstructive pulmonary disease, ischemic heart disease, and chronic aspiration.
The deciding factor: The VA physician needs to provide an opinion on the relationship between the veteran's service-connected disabilities and his cause of death.
- Claimed conditions
- residuals of an injury of the liver with retained foreign body and partial small bowel obstruction, residuals of a penetrating gunshot wound of the right chest with tender scarring, gunshot wound scar in the posterior right chest with muscle damage to Muscle Group II, superficial scars of the abdomen, ventral hernia, partial absence of the tenth rib, tonsillitis, malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2005
- Citation
- 0535055
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 0535055.
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 due to insufficient detail in a previous VA medical opinion regarding whether malaria or scarlet fever during service contributed to the Veteran's death. The case must be returned for further evaluation.
- Dismissed
The Veteran's appeal for an increased rating for malaria was dismissed because the November 17, 2025 request for Board review came before the September 16, 2025 higher-level review of the same issue had been completed.
- Dismissed
The appeal has been dismissed due to the death of the Appellant, and no decision can be made on the underlying claims.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors and additional examinations are required. The AOJ will also request clarification from the Veteran regarding his claim for malaria.
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