The Board has remanded the case due to incomplete records and failure to obtain a completed release for the Veteran's medical treatment.
The deciding factor: VA failed to attempt to obtain the Veteran’s last medical treatment records from the Tampa General Hospital as requested by the appellant.
- Claimed conditions
- respiratory failure, cerebral edema, ischemic stroke, gastrointestinal bleeding
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150368
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 medical opinion on whether the Veteran's acute hypoxemia, respiratory failure, and pneumonia were related to service or toxic exposure under the PACT Act.
- Remanded (sent back)
The Board remands the case to obtain additional evidence, including service treatment records and private medical records, and to obtain an addendum medical opinion regarding the Veteran's causes of death.
- Granted
The Board granted an initial 50 percent rating for the Veteran's cirrhosis of the liver with portal hypertension, Wilson's disease, gastrointestinal bleeding, and pancreatitis based on a history of one episode of hemorrhage from portal gastropathy.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for the Veteran's cause of death, for purposes of entitlement to dependency and indemnity compensation (DIC), due to pre-decisional duty to assist errors.
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