The Board has remanded the claims for service connection for the cause of the Veteran's death, DEA under the provisions of 38 U.S.C.A. Chapter 35, and service-connected burial benefits due to inadequate medical opinions regarding whether the Veteran's service-connected disabilities caused or contributed substantially to his death.
The deciding factor: The Board found that additional VA opinions are needed to address whether the Veteran's service-connected disabilities, treatment thereof, any disability secondary to the service-connected disabilities, or a combination of these and any service-related psychiatric disability other than PTSD, caused or contributed substantially to his death from suicide.
- Claimed conditions
- bronchial asthma, plantar fasciitis of the right foot, impingement syndrome of the right shoulder, status post anterior cruciate ligament repair of the left knee, degenerative changes of the lumbar spine, lipoma excision scar on the abdomen, plantar fasciitis of the left foot, patellofemoral pain syndrome of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2012
- Citation
- 1244375
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 1244375.
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 Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Dismissed
The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for his feet and knees, as well as a new rating for his right hip disability. The SMC claim is also being remanded due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
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