The Veteran's death was not caused by VA carelessness, negligence, or lack of proper skill. The Board has remanded the case for further development and consideration.
The deciding factor: VA did not fail to diagnose or treat any of the Veteran’s medical conditions, including his UTI which led to sepsis and respiratory failure.
- Claimed conditions
- Chronic Lymphocytic Leukemia (CLL), Diabetes Mellitus, Type II, Obesity-related Hypoventilation Syndrome, Acute Bronchitis with Severe Mucus Plugging and Atelectasis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2020
- Citation
- 20056128
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20056128.
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 PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
- Granted
The Veteran's CLL is presumed to be related to his service in Thailand due to exposure to herbicide agents, and the Board has granted service connection for this condition.
- Denied
The Veteran's claims for increased disability evaluations and effective dates have been denied. The Veteran's arteriosclerotic heart disease, diabetes mellitus, and peripheral neuropathy of the upper and lower extremities are currently rated at 60 percent, 20 percent, and varying percentages respectively.
- Remanded (sent back)
The Veteran's appeal for an initial compensable disability rating for CLL and a TDIU is being remanded due to concerns about the adequacy of the December 2023 VA examination and because the RO has not provided explicit notice on the TDIU issue.
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