The Board has granted DIC under 38 U.S.C. § 1151 for postoperative complications of VA surgeries in 2006 and 2009, but the case is remanded for a new opinion on whether service-connected PTSD caused or aggravated hypertension and renal disease.
The deciding factor: The evidence is at least in relative equipoise as to whether the Veteran’s proximate cause of death was postoperative complications of VA surgeries that were not reasonably foreseeable.
- Claimed conditions
- end-stage renal disease, postoperative complications
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19145262
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 service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Remanded (sent back)
The Board remands the claim for a medical opinion regarding the Veteran's cause of death, considering potential in-service toxic exposure.
- Remanded (sent back)
The Board remanded the issues of service connection for a kidney disorder and obstructive sleep apnea. The Veteran's request for an additional hearing was denied.
- Remanded (sent back)
The Veteran's cause of death was end-stage renal disease, presumed to be due to hypertension. The VA has not provided a clear opinion on whether the Agent Orange exposure contributed to these conditions.
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