The Board is remanding the case to provide proper VCAA notice and to review all submitted evidence since the last supplemental statement of the case. The appellant's claim for service connection for the cause of her father's death will be reconsidered.
The deciding factor: The decision requires additional VCAA notification due to a previous denial in May 2003, which was based on insufficient evidence regarding the Veteran's service-connected disabilities and medical records.
- Claimed conditions
- status asthmaticus, acute renal failure, bleeding hemorrhoid
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2012
- Citation
- 1241315
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 1241315.
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.
- Granted
The Veteran's cause of death, including hypertension and diabetes mellitus type II, are presumed to be related to his service in the Republic of Vietnam. The Board has granted service connection for these conditions.
- Denied
The Veteran's death was not caused by or the result of any service-connected condition, and there is no evidence to support a presumption of service connection due to herbicide exposure. The Board denied both the claim for service connection for the cause of death and the claim for burial benefits.
- Denied
The Veteran's death was not caused by any service-connected disability, and the Board denied service connection for cause of death.
- Denied
The Board denied entitlement to service connection for the cause of death, finding that the Veteran's service-connected conditions did not contribute to his death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.