The Board has determined that additional development is needed to properly adjudicate the claim, including providing proper VCAA notice and considering all evidence received since the last RO decision.
The deciding factor: Additional development is required due to procedural deficiencies in the current claims process as identified by the Court's recent decisions.
- Claimed conditions
- septic shock, aspiration pneumonia, myocardial dysfunction
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2010
- Citation
- 1039752
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 1039752.
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 has determined that a remand is necessary to correct a pre-decisional duty to assist error and obtain a new medical opinion regarding the relationship between the Veteran's service, his death, and any service-connected disabilities.
- Denied
The Board denied service connection for the cause of death due to lack of evidence showing a link between any service-connected disability and the Veteran's death. The conditions listed on his death certificate were not related to his military service.
- Denied
The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any of the immediate or contributing causes of his death to his period of active duty service. The Board also found that the PACT Act did not apply in this case as the Veteran served prior to the period when herbicide agents were presumed used.
- Remanded (sent back)
The Board has remanded the claims of service connection for cause of death and entitlement to Dependency and Indemnity Compensation due to a duty to assist error related to toxic exposure risk activities (TERA) participation during service.
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