The Board has remanded the case due to insufficient information regarding whether VA's care and treatment of the Veteran contributed to his death. The Appellant contends that the Veteran’s death was caused by negligent VA treatment following surgery performed on his right ear.
The deciding factor: The VA examiner did not specifically address both the Veteran's surgery and the Appellant's statement concerning the Veteran's post-operative care, nor did they opine on whether the risk from such post-operative infection would have been disclosed to the Veteran.
- Claimed conditions
- Death
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- 19167314
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 19167314.
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.