The Board previously denied the Appellant's claims for service connection for the cause of the Veteran’s death and entitlement to DIC benefits or pension benefits. The Court of Appeals for Veterans Claims (CAVC) has now remanded these issues due to a lack of verification of the Veteran's periods of active duty service.
The deciding factor: The CAVC found that the Board erred by failing to verify the Veteran’s periods of active duty service, which was necessary to determine if his death was caused by a disease or injury incurred in or aggravated by his period of active duty service.
- Claimed conditions
- cause of death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19123718
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 remands the claim for a clarifying opinion on whether the Veteran's service-connected disabilities caused his death through obesity as an intermediate step.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a need for additional evidence, specifically an autopsy report and a medical opinion.
- Remanded (sent back)
The Board remands the issue of service connection for the Veteran's cause of death, to include as a result of exposure to ionizing radiation, due to lack of substantial compliance with previous remand directives.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a pre-decisional duty to assist error and the need for a VA medical opinion.
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