The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's death was caused by VA treatment, and if so, whether it was due to negligence or other fault on the part of VA.
The deciding factor: The Board found that there is not a sufficient medical opinion addressing the proximate cause of the Veteran’s pneumonia and its relation to VA care, as well as the contribution of his service-connected psychiatric disorder to his death.
- Claimed conditions
- dysthymia with recurrent major depression, congestive heart failure, pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19142858
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claim for a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
- Denied
The Board denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death due to an inadequate VA medical opinion and a need for additional evidence.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.