The Board has denied DIC under 38 U.S.C. § 1151 due to the Veteran's death not being caused by VA negligence, and has remanded for further evidentiary development regarding service connection for cause of death.
The deciding factor: The referral to a non-VA facility was not the proximate cause of the slip-and-fall injury that occurred while under non-VA supervision.
- Claimed conditions
- profound cognitive impairment, chronic and profound cognitive impairment
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180995
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.