The Board has remanded the case due to a need for VCAA notice regarding service-connected conditions at the time of the Veteran's death.
The deciding factor: The Court in Hupp v. Nicholson, 21 Vet. App. 342 (2007), requires that the appellant be provided with a statement of the conditions for which the Veteran was service connected at the time of his death and an explanation as to the information or evidence needed to establish a claim for service connection for the cause of the Veteran's death.
- Claimed conditions
- pulmonary tuberculosis, minimal, inactive, tonsillitis, chronic operated, osteomyelititis, right parietal bone, inactive
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 17, 2009
- Citation
- 0926740
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 0926740.
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.
- Granted
The Board granted service connection for the Veteran's cause of death, finding that his service-connected pulmonary tuberculosis was at least as likely as not a contributory cause of his death.
- Remanded (sent back)
The Board remands the claims for service connection for pseudofolliculitis of the scalp, lumbar spine disability, tonsillitis, and erectile dysfunction due to a lack of compliance with previous remand instructions.
- Denied
The Board denied the Veteran's claim for an earlier effective date than January 28, 2014 for service connection for pulmonary tuberculosis.
- Denied
The Board denied service connection for tonsillitis, right foot pes planus, and left foot pes planus as there is no current disability due to these conditions. The claims for right and left foot plantar fasciitis and degenerative arthritis were remanded.
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