The Board has remanded the case for additional development, including obtaining a medical opinion from a cardiologist regarding whether VA hospital care and treatment caused or contributed to the Veteran's death. The issues of entitlement to DIC under both 38 C.F.R. § 3.312 and 38 U.S.C.A. § 1151 are also being remanded.
The deciding factor: The Board found that substantial compliance with previous remands was not achieved, necessitating further review by a cardiologist to address the issues of DIC under both provisions.
- Claimed conditions
- bilateral occipital lobe infarcts
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2010
- Citation
- 1000592
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 1000592.
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.
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- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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