The Board has remanded the case due to incomplete medical records and an inadequate opinion regarding the cause of death. The AOJ is instructed to obtain any missing private medical records, including those from Dr. J. M., and to provide a new VA medical opinion on the etiology of the Veteran's cause of death.
The deciding factor: The Board found that there may be incomplete private medical records that need to be obtained, and an existing opinion was deemed inadequate due to reliance on inaccurate factual premises.
- Claimed conditions
- Congestive Heart Failure, Chronic Kidney Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2019
- Citation
- 19185117
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 congestive heart failure, pulmonary hypertension, and pulmonary fibrosis as these conditions were not related to the Veteran's service, including his exposure to Agent Orange.
- Partly granted
The Board granted service connection for the Veteran's bilateral hearing loss and tinnitus, but denied service connection for hypertension, congestive heart failure, sleep apnea, and erectile dysfunction.
- Partly granted
The Board denied service connection for COPD, obstructive sleep apnea, atrial fibrillation, and hypertension as not being related to the Veteran's active duty or secondary to his service-connected GAD. However, congestive heart failure was granted due to a secondary relationship with his service-connected GAD.
- Partly granted
The Board denied the claims for increased rating for diabetes and hearing loss, granted service connection for chronic kidney disease secondary to diabetes, and remanded the claim for service connection for peripheral neuropathy of the upper extremity.
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