The Veteran's lung biopsy performed in August 2014 led to his death, but the AOJ has not obtained the informed consent document from Vista Imaging. The case is being remanded to obtain this record.
The deciding factor: The AOJ was unable to access the informed consent document stored in Vista Imaging and thus made a pre-decisional error.
- Claimed conditions
- lung
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2022
- Citation
- A22021968
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 A22021968.
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 has determined that the appellant experienced an additional disability of his lung and diaphragm, which was not a progression of or result of a pre-existing condition. The claim is granted.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's COPD and respiratory disabilities, requiring a new VA examination.
- Remanded (sent back)
The Board has remanded the DIC benefits claim due to lack of substantial compliance with its March 2022 remand directives. The survivor's pension claim is denied as the Appellant's income exceeds the maximum annual death pension rate.
- Remanded (sent back)
The Veteran's cause of death, sepsis, was not related to in-service exposure to herbicide agents.,The service-connected diabetes mellitus did not contribute substantially or materially to the Veteran's death from sepsis.
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