The Board has remanded the case due to an inadequate statement of reasons and bases for denying service connection for the cause of the Veteran's death. The Court found that the Board did not address the applicability of 38 C.F.R. § 3.312(c)(3) with respect to the Veteran’s service-connected shell fragment wound of the left pleural (cavity) with retained foreign body.
The deciding factor: The Board failed to consider whether the Veteran's service-connected shell fragment wound of the left pleural (cavity) with retained foreign body contributed to his death as per the provisions of 38 C.F.R. § 3.312(c)(3).
- Claimed conditions
- Chronic Respiratory Failure, Chronic Obstructive Pulmonary Disease (COPD), Shell Fragment Wound of the Left Pleural (Cavity) with Retained Foreign Body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184503
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.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Granted
The Board granted an initial 60 percent rating for COPD, resolving all reasonable doubt in the Veteran's favor.
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