The Veteran died in December 2006 due to acute respiratory failure, with bronchial pneumonia, post-ventricular atrial fibrillation, and decompensated pulmonary emphysema as contributing factors. The appellant claims that the Veteran's death was caused by improper shoulder surgery at a VA facility in April 2003.
The deciding factor: The claim is remanded due to incomplete medical records and the need for further investigation into the cause of the Veteran's death.
- Claimed conditions
- Acute respiratory failure, Bronchial pneumonia, Post-ventricular atrial fibrillation, Decompensated pulmonary emphysema
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2010
- Citation
- 1004014
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 1004014.
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
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