The Board has vacated its May 30, 2019 decision denying service connection for the cause of the Veteran's death due to a lack of adjudication on whether the appellant is recognized as the surviving spouse. The issues are remanded to determine the current status of the surviving spouse issue and to decide the service connection claim.
The deciding factor: The Board did not address the issue of whether the appellant was recognized as the surviving spouse, which denied the appellant due process of law.
- Claimed conditions
- cause of death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19178005
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 clarifying opinion on whether the Veteran's service-connected disabilities caused his death through obesity as an intermediate step.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a need for additional evidence, specifically an autopsy report and a medical opinion.
- Remanded (sent back)
The Board remands the issue of service connection for the Veteran's cause of death, to include as a result of exposure to ionizing radiation, due to lack of substantial compliance with previous remand directives.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a pre-decisional duty to assist error and the need for a VA medical opinion.
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.