The appeal is remanded to facilitate proper notice under the VCAA and to permit initial adjudication of the appellant's varied allegations both as to her claim for service connection for the cause of the veteran's death and for accrued benefits.
The deciding factor: The Court directed that the Board must consider the appellant's claims together, including the failure to provide appropriate VCAA notice and assistance, and to apply relevant regulations regarding service connection and accrued benefits.
- Claimed conditions
- Cause of death
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903345
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 further development to determine if the Veteran was exposed to herbicide agents during his service.
- Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death to correct a pre-decisional duty to assist error, specifically regarding an examination to determine if the Veteran's cause of death was related to his service-connected PTSD and conceded exposure to herbicide agents.
- Remanded (sent back)
The Board is remanding the case to obtain an opinion on whether the Veteran's cause of death was due to in-service Agent Orange exposure.
- Remanded (sent back)
The Board remands the matter for a VA medical opinion to determine if the Veteran's service-connected conditions contributed to his death.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.