The Board has remanded the case for further proceedings consistent with a March 2010 decision of the United States Court of Appeals for Veterans Claims, which found that VA's decision on the accrued benefits claim did not comply with regulations and required issuance of a rating decision. The issue of service connection for heart disease, lung disorder, and diabetes mellitus for accrued benefits purposes is being remanded as well due to its inextricability from the issue of service connection for the cause of the Veteran's death.
The deciding factor: The Court found that VA's decision on the accrued benefits claim did not comply with regulations requiring issuance of a rating decision, and thus required another remand.
- Claimed conditions
- heart disease, lung disorder, diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2010
- Citation
- 1030876
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 1030876.
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 diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Remanded (sent back)
The Veteran's claims for service connection for hypertension, diabetes, heart disease, and kidney disease are being remanded due to the need for VA examinations to determine if these conditions are related to his exposure to contaminants in the water supply at Camp Lejeune during service.
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