The Board remanded the case for additional development of medical records regarding the Veteran's bladder cancer treatment at Miami VAMC in 1997, which the Veteran attributes to his current cardiovascular disability. The Regional Office must obtain complete treatment records and then readjudicate the claim under 38 U.S.C.A. § 1151 standards.
The deciding factor: The Board found that VA medical records regarding the Veteran's bladder cancer treatment are essential and in constructive possession of the VA but have not been obtained, making them necessary to determine whether VA's hospital care or surgical treatment proximately caused the cardiovascular disability under § 1151.
- Claimed conditions
- cardiovascular disability, bladder cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2009
- Citation
- 0907682
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 0907682.
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.
- Dismissed
The Veteran's prostate and bladder cancer rating was reduced from 100% to 40%, effective December 1, 2025. The Veteran withdrew his appeal at a Board hearing held in April 2026.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment prior to January 31, 2023.
- Remanded (sent back)
The Board has remanded the claims for diabetes, headaches, and a cardiovascular disability due to VA treatment on August 9, 2019. The Veteran contends that he was prescribed Jardiance (Empagliflozin) instead of Metformin, leading to complications such as DKA, renal failure, high blood pressure, irregular heartbeat, sleep apnea, dizziness, and headaches.
- Denied
The Board denied service connection for diabetes mellitus II, ischemic heart disease, and bladder cancer due to lack of evidence supporting herbicide exposure during service.
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