The Board has remanded the case for additional development, including obtaining VA treatment records from October 2004 to September 2006 and providing the appellant with proper notice regarding her claim. The Veteran's cause of death is being reviewed by a VA physician.
The deciding factor: The decision on service connection for the cause of death will be based on the review of all available medical records, including those from October 2004 to September 2006, and an opinion regarding whether the proximate cause of the Veteran's death was due to VA negligence or lack of proper skill.
- Claimed conditions
- Pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2009
- Citation
- 0937618
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 0937618.
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.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding that none of the listed causes were related to his military service and no service-connected disability contributed to his death.
- Denied
The Board denied the Veteran's claim of service connection for cause of death, finding that his service-connected conditions did not contribute to his death. The evidence showed well-controlled heart symptoms prior to death and no causal relationship between anxiety and cardiopulmonary disease or renal failure.
- Denied
The Veteran's death was not caused by any service-connected disability, and the criteria for DIC under 38 U.S.C. § 1318 were not met.
- Remanded (sent back)
The Board remands the case to obtain an adequate opinion regarding the Veteran's cause of death, specifically addressing toxic exposures during service and submitted medical literature.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.