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.
- Remanded (sent back)
The Veteran's claim for an initial rating of 30 percent prior to July 18, 2014, and a higher than 60 percent rating thereafter for ischemic heart disease is being remanded due to incomplete evidence. The examiner needs to provide more detailed information about the severity of his service-connected condition.
- 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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an earlier effective date and increased rating for ischemic heart disease due to a failure by the AOJ to request SSA records, which were not available.
- Granted
The Board has granted service connection for ischemic heart disease and myocardial infarction, status post stent placement, as well as obstructive sleep apnea, finding that the Veteran's current conditions are related to his military service.
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