The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and whether VA negligence in providing medical care contributed to his death. The appellant is seeking service connection for the cause of her husband’s death, which was caused by a combination of diabetes mellitus type II, hypertension, and other conditions related to his service-connected disabilities.
The deciding factor: The Board found that additional evidence is needed to determine whether VA negligence in providing medical care contributed to the Veteran's death or if it was due to his pre-existing conditions exacerbated by medication.
- Claimed conditions
- mood disorder (claimed as depressive disorder), post-operative right and left knee arthrotomy, thoracolumbar degenerative changes, traumatic arthritis of the left knee, right and left hip strain, recurrent sprain of the left ankle with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180705
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 service-connected disabilities, including unspecified anxiety disorder with insomnia, anorexia, and bulimia, headaches, lumbosacral strain, right and left hip strain, and vertigo, have prevented her from securing and maintaining substantially gainful occupation.
- Denied
The Board denied the Veteran's claim for special monthly compensation (SMC) based on loss of use due to several lower extremity disabilities, as no effective function remains other than that which would be equally well served by an amputation stump with a prosthesis.
- Granted
The Veteran's left great toe disability was granted a maximum rating of 30 percent, effective September 20, 2006. The right knee and left knee disabilities were remanded for further development. A TDIU was granted beginning October 25, 2007. SMC based on the need for regular aid and attendance was granted starting December 8, 2014.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional development, including a new VA examination for her knee disabilities and confirmation that all medical opinions provided comport with this remand. The TDIU claim is inextricably intertwined with the increased rating claims.
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