The Veteran died of a stroke, and the cause-of-death claim is being remanded due to inadequate notice regarding conditions not yet service-connected. The DEA claim is also being remanded as it hinges on the outcome of the cause-of-death claim.
The deciding factor: The appellant's claim for cause of death is based on a condition (esophageal cancer) that was not previously service connected, and thus requires additional notice under VCAA.
- Claimed conditions
- Acute cerebrovascular accident, End-stage renal disease, Carcinoma of the esophagus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2009
- Citation
- 0929287
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 0929287.
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 has remanded the claims for DIC, nonservice-connected survivor's pension benefits, and accrued benefits due to incomplete development regarding the Veteran's exposure to herbicide agents during his active service at Fort Hood.
- Dismissed
The Veteran's appeal has been dismissed as he withdrew his appeal before the scheduled hearing.
- Remanded (sent back)
The Veteran's claims for service connection for kidney disorder and obstructive sleep apnea are remanded due to the need for further medical opinions regarding the etiology of his conditions.
- Denied
The Veteran's cause of death was due to ventricular fibrillation, ventricular tachycardia, ischemic cardiomyopathy, type II diabetes mellitus, and end-stage renal disease. The Board found no evidence linking these conditions to military service or exposure to herbicide agents.
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