The Board has remanded the case for further development, including obtaining a medical opinion on whether the Veteran's death was due to service-connected disabilities and considering if there was clear and unmistakable error in the March 2013 rating decision that denied DIC under 38 U.S.C. § 1318.
The deciding factor: The Board found new and material evidence for reopening the claims of service connection for cause of death and DIC, but remanded both issues due to the need for further development including a medical opinion on causation and consideration of potential clear and unmistakable error in the previous denial.
- Claimed conditions
- Respiratory failure, End stage COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2022
- Citation
- 22002018
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 22002018.
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 the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to consider additional evidence regarding exposure to contaminated water at Camp Lejeune.
- Granted
The Board granted the claim for Death and Indemnity Compensation (DIC) based on service connection for the cause of the Veteran's death, due to his in-service exposures to herbicides and extreme cold temperatures.
- Remanded (sent back)
The Board remands the claim for a medical opinion regarding the Veteran's cause of death, specifically addressing whether his respiratory failure, septic shock, hemorrhagic shock, gastrointestinal hemorrhage, diabetes mellitus, coronary artery disease, and chronic osteomyelitis of the right leg were related to in-service toxic exposure or an in-service right leg injury.
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