The Board has reopened the claim for service connection for the cause of the Veteran's death under 38 U.S.C. § 1151, but has remanded the case to obtain a medical opinion regarding whether VA carelessness or negligence caused or hastened the Veteran’s death.
The deciding factor: The Board found new and material evidence to reopen the claim, but determined that additional review is needed due to the lack of discussion in the previous VA examination about the positive MRSA test and its impact on the Veteran's condition and ultimate death.
- Claimed conditions
- glioblastoma multiforme, MRSA (Methicillin-resistant Staphylococcus aureus)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066608
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 Board granted service connection for the Veteran's cause of death, glioblastoma multiforme, due to presumed exposure to herbicides during active service.
- Remanded (sent back)
The Board remands the claims for an earlier effective date for service connection, special monthly compensation, and Dependents' Educational Assistance due to a need for additional evidence regarding the etiology of glioblastoma multiforme.
- Granted
The Board granted service connection for the Veteran's cause of death, which was presumed to have resulted from his service in the Southwest Asia theater of operations during the Gulf War period due to glioblastoma.
- Granted
The Board granted service connection for glioblastoma multiforme and a right temporal scar status post craniotomy, effective from November 30, 2017, with a maximum 100 percent disability rating assigned.
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