The Board has remanded the case for additional development, including obtaining medical opinions and records to determine if the Veteran's death was causally related to his military service.
The deciding factor: The VA needs to obtain a medical opinion regarding whether the Veteran's death from respiratory failure due to pneumonia was caused by his service-connected hiatal hernia.
- Claimed conditions
- pneumonia, chronic obstructive pulmonary disease, seizure disorder, alcoholism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 14, 2009
- Citation
- 0913874
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 0913874.
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.
- Partly granted
The Board granted an earlier effective date of October 1, 2021, for service connection for migraine headaches and seizure disorder but denied the same for PTSD with TBI.
- Denied
The Board denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death due to an inadequate VA medical opinion and a need for additional evidence.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
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