The Board has determined that the death of the service member was not in line of duty due to willful misconduct, but a new review by the Department of the Army suggests it should be considered in line of duty. The appellant contends that the Veteran suffered from psychiatric disabilities as a result of his service which led to drug overdose. The Board now requires a VA medical opinion to determine if the drug abuse was caused or aggravated by a service-connected psychiatric disability.
The deciding factor: The cause of death is unclear and needs further investigation through a VA medical opinion.
- Claimed conditions
- Psychiatric disabilities, Drug use
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2019
- Citation
- 19155770
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19155770.
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.
- Granted
The Veteran's delimiting date for Post-9/11 GI Bill education benefits was extended until August 1, 2030 due to his psychiatric disabilities preventing him from pursuing a program of education.
- Granted
The Board has granted earlier effective dates of October 12, 2021 for the Veteran's entitlement to a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance (DEA).
- Remanded (sent back)
The Veteran's request for waiver of overpayment of Chapter 33 education benefits was timely filed. The Board finds the Veteran did not receive timely notification of the debt due to circumstances beyond his control, and that his request for a waiver of recovery of the debt was timely filed. However, the appeal is remanded for further adjudication including a clear accounting of the overpayment and submission of VA Form 5655 (Financial Status Report).
- Denied
The Board denied the claims for an earlier effective date, TDIU, and service connection for various conditions due to insufficient evidence of worsening within one year prior to the claim dates.
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