The Board dismissed the issue of timeliness of the April 2004 Notice of Disagreement as moot, and remanded the claim for service connection for cause of death to the RO for further development.
The deciding factor: The appellant specifically stated in her March 1996 claim that she was not claiming service connection for cause of death. No rating decision denying service connection for cause of death was issued by the RO until January 2006, making the April 2004 Notice of Disagreement moot.
- 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
- February 27, 2009
- Citation
- 0907328
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 a clarifying opinion on whether the Veteran's service-connected disabilities caused his death through obesity as an intermediate step.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a need for additional evidence, specifically an autopsy report and a medical opinion.
- Remanded (sent back)
The Board remands the issue of service connection for the Veteran's cause of death, to include as a result of exposure to ionizing radiation, due to lack of substantial compliance with previous remand directives.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a pre-decisional duty to assist error and the need for a VA medical opinion.
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