The Board has determined that there was a duty to assist error in not obtaining a medical opinion prior to issuing the March 2021 decision on appeal for service connection for the cause of the Veteran's death. The case is being remanded for further development.
The deciding factor: There was a failure to obtain a medical opinion addressing whether the Veteran's service-connected disabilities either caused or contributed substantially to his death, as required by law.
- Claimed conditions
- lumbosacral spine disability, radiculopathy of the bilateral lower extremities, healed fracture of the right femur, right knee disability, residual scarring of the back and right knee, tinnitus, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 17, 2022
- Citation
- A22020863
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. Read the original VA decision (opens in a new tab) using citation A22020863.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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