The appeal is remanded to the RO for further adjudication, as a medical opinion regarding the relationship between VA care and the veteran's death is required.
The deciding factor: A medical opinion must be obtained to determine if the veteran's death was caused by hospital care, medical or surgical treatment, or examination furnished by a VA employee or in a VA facility between October 1999 and his death in March 2002, and whether such care was due to fault on the part of VA.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900437
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.