The Board has remanded the case due to insufficient medical opinions regarding whether the veteran's service-connected conditions contributed to his death, and because DIC under 38 U.S.C.A. § 1318 was not addressed in the April 2004 rating decision.
The deciding factor: Insufficient medical opinion on the cause of death and failure to address DIC under 38 U.S.C.A. § 1318 in the April 2004 rating decision.
- Claimed conditions
- lung cancer, congestive heart failure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2007
- Citation
- 0709919
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 0709919.
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 claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Denied
The Board has determined that the Veteran's death was not caused by or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for cause of death.
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