The Veteran's surviving spouse is contesting the denial of attorney fees for past due benefits granted in a December 2011 rating decision. The appeal requires corrective action to ensure full compliance with contested claims procedures.
The deciding factor: The requirements for a contested claim have not been fully complied with, necessitating remand for corrective action.
- Claimed conditions
- Ischemic heart disease, Congestive heart failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 24, 2018
- Citation
- 18144358
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 18144358.
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 Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Dismissed
The Veteran withdrew his appeals for increased ratings of ischemic heart disease and diabetes, and these claims are dismissed.
- Partly granted
The Board denied earlier effective dates for service connection for congestive heart failure and PTSD, granted a TDIU due to service-connected PTSD, and granted special monthly compensation based on housebound criteria.
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