The Board previously denied the claim for DIC under 38 U.S.C. § 1151, but a new addendum opinion is required due to an inadequate January 2016 medical opinion. The examiner must address whether the Veteran's death was due to carelessness, negligence, or lack of proper skill on VA’s part.
The deciding factor: The Court found the January 2016 medical opinion not adequate and requires a new addendum opinion addressing the Veteran's allergy to pain medication and its administration during his care.
- Claimed conditions
- Cause of death not specified
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 23, 2018
- Citation
- 18152626
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. Read the original VA decision (opens in a new tab) using citation 18152626.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Appellant's petition to reopen her claim of service connection for the cause of the Veteran’s death, finding that new and material evidence had not been received. The appeal was also denied for accrued benefits as there were no pending claims at the time of the Veteran's death.
- Granted
The Board has granted DIC benefits based on the veteran's status as a former POW and his continuous total disability rating for one year prior to death, which constitutes a complete grant of the benefit sought.
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