The Veteran's surviving spouse is seeking compensation under 38 U.S.C.A. � 1151 for health conditions resulting from the use of Buspirone, a medication he overdosed on. The case has been remanded to obtain a medical opinion regarding whether these conditions are related to the overdose.
The deciding factor: The Veteran passed away before receiving a VA examination, necessitating a new one to determine if his death was due to an event not reasonably foreseeable or caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- Congestive heart failure, Kidney failure, Liver failure, Bilateral lower extremity edema, Blurred vision, Shortness of breath
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2013
- Citation
- 1342060
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 1342060.
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 claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Granted
The Veteran is granted SMC at the (r)(1) rate due to his service-connected major depressive disorder and congestive heart failure, which require regular aid and attendance.
- Remanded (sent back)
The Board has determined that the Veteran's heart conditions may be related to his service-connected sleep apnea and/or generalized anxiety disorder, but further examination is needed to determine causation.
- Granted
The Veteran's coronary artery disease (CAD) is related to his service-connected hypertension, and the Board has granted service connection for CAD as secondary to hypertension.
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