The Board found that the cause of death was not service-connected and remanded both the DIC under 38 U.S.C. § 1310 and the DIC under 38 U.S.C. § 1151 claims.
The deciding factor: The evidence did not establish clear and unmistakable error in denying service connection for cause of death, but the Board found that the claim for DIC under 38 U.S.C. § 1151 should be remanded as it was not addressed in the October 2016 rating decision.
- Claimed conditions
- Acute fentanyl intoxication, Cardiac hypertrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2022
- Citation
- 22000328
Veterans Law Judge
Decisions by this judge: 1,030 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 22000328.
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.
- Partly granted
The Board denied service connection for ischemic heart disease, cardiac hypertrophy, and an initial compensable rating for hypertension. The claims for a breathing condition and lung infection were remanded.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding service connection for the Veteran's cause of death, which is presumed to be related to exposure to herbicide agents during service in Vietnam. The examiner must provide an opinion on whether cardiac hypertrophy was a contributory cause of the Veteran's death.
- Partly granted
The Veteran's heart disability, including sinus bradycardia and cardiac hypertrophy, is not service-connected as there is no evidence of a disease or injury during service. The Board also found that the acquired psychiatric disorder, sinus disability, and chronic fatigue syndrome are not service-connected.
- Denied
The Board denied service connection for the cause of the veteran's death and denied eligibility for Dependents' Educational Assistance (Chapter 35) due to lack of evidence linking the veteran's death to a service-connected disability or exposure to Agent Orange, Camp Lejeune, Gulf War Syndrome, etc.
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