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.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus and bilateral knee strain to obtain additional medical opinions.
- Partly granted
The Board denied increased ratings for hypertension, atherosclerosis, and diabetes mellitus; granted service connection for erectile dysfunction and skin cancer; and restored the 10 percent rating for hypertension.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus and sleep apnea to obtain a TERA opinion due to the Veteran's participation in a toxic exposure risk activity during his service in the Southwest Asia theater of operations.
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