The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for cause of death. The Veteran's death was caused by seizures, which were not related to his military service. However, due to the lack of a valid pending claim at the time of his death and no unpaid benefits owed him, there is no entitlement to accrued benefits. Service connection for cause of death is remanded as additional development is required.
The deciding factor: The Board found that new evidence submitted by the appellant raises a reasonable possibility of substantiating the claim for service connection for cause of death due to head injuries and seizures during and after service, but did not establish a direct link between these conditions and the Veteran's death. The remand is necessary to obtain an opinion on whether the head injury during service caused or predisposed the Veteran to seizures.
- Claimed conditions
- Seizures, Head injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124122
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 the claims for service connection for a facial injury, head injury, and left thumb injury as there was no evidence of current disability or functional impairment. The claims for GERD, squamous mucosa, migraine headaches, and hypertension were remanded for further development.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance, effective December 8, 2025.
- Granted
The Board granted an effective date of September 26, 2021, for the award of an initial 100 percent rating for seizures and related benefits.
- Remanded (sent back)
The Board remands the claims for further development and evidence collection, as some relevant private treatment records have not been obtained.
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