The veteran died of sudden cardiac death, and the cause is believed to be related to his service-connected lumbar spine strain with degenerative joint disease. However, due to a lack of clear and unmistakable error in prior rating decisions, the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1318 is denied.
The deciding factor: The veteran's death was not caused by his service-connected disabilities, as there was no evidence that these conditions contributed substantially or materially to his cause of death.
- Claimed conditions
- degenerative joint disease of the lumbar spine, bilateral pes planus, residuals of a left shoulder injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2007
- Citation
- 0701116
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 0701116.
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 remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
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