The Board has remanded the case due to non-compliance with previous remand directives and further development is needed, including determining if the Veteran served in Vietnam waters for herbicide exposure.
The deciding factor: The VA needs to determine if the Veteran's service included presence within the territorial sea of Vietnam or similar areas identified by the Blue Water Navy Vietnam Veterans Act of 2019.
- Claimed conditions
- Sepsis, Spontaneous bacterial peritonitis, Metastatic small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2021
- Citation
- 21021432
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 21021432.
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.
- Remanded (sent back)
The Board has granted the appellant's petition to readjudicate her claim for service connection for cause of the Veteran's death due to new and relevant evidence. However, the case is remanded as the AOJ must consider the merits of the claim on its own.
- Denied
The Veteran's death was not caused by any service-connected disability, and there is no evidence of a presumptive relationship to herbicide exposure. The Board denied the claim for service connection for the cause of death.
- Granted
The Board has determined that the Veteran's death was due to VA carelessness, negligence, or lack of proper skill in not administering prophylactic antibiotics prior to his dental extractions. As a result, DIC benefits are granted.
- Denied
The Veteran's cause of death was hemorrhagic shock with multiorgan failure and acute gastrointestinal bleed, which the Board found not related to his military service or exposure to toxic chemicals. The claim for service connection for cause of death is denied.
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