The Board has remanded the case for a VA medical opinion to determine whether the Veteran's cause of death was related to his service-connected disabilities or otherwise related to service. The claim will be re-adjudicated based on all evidence, including the January 2008 private medical opinion from Dr. Garganta.
The deciding factor: The Board found that a VA medical examination was not required in this matter due to the presence of a 100 percent rating for traumatic cataract and absolute glaucoma of the right eye, which is less than 10 years old, making service connection for the cause of death unavailable under 38 U.S.C.A. § 1318.
- Claimed conditions
- cardiopulmonary arrest, pneumonia, retained secretions, a pustular tongue mass, chronic obstructive pulmonary disease, chronic bronchitis, arteriosclerotic heart disease, chronic vascular disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2015
- Citation
- 1553365
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 1553365.
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 remanded the case due to a duty to obtain a medical opinion regarding whether the Veteran's death was linked to his service, including exposure to Agent Orange.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
- Dismissed
The Board has dismissed the appeals for service connection for depression, Gram Positive Cocci Condition, chronic bronchitis, irritable bowel syndrome, and diseases of Keratinization due to untimely filing of the Decision Review Request.
- Granted
The Board has granted service connection for chronic bronchitis, finding that the Veteran's current condition is related to his active duty service.
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.