The Veteran's death was caused by his service-connected disabilities, specifically spinal fracture and presumed renal cancer with metastasis to bones. The VA is remanded for obtaining additional medical records and providing a clinical opinion on whether the Veteran's death was due to carelessness or negligence from VA.
The deciding factor: The Board found that there are primary causes of death (spinal fracture, presumed renal cancer) that were not caused by service-connected disabilities but instead contributed substantially to his death. The VA is required to provide a clinical opinion on whether the Veteran's death was due to carelessness or negligence from VA.
- Claimed conditions
- Spinal fracture, Presumed renal cancer with metastasis to bones, End-stage liver disease, Severe sepsis with E. coli bacteremia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2022
- Citation
- 22037158
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 22037158.
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 Veteran's PTSD, a disability of service origin, contributed substantially or materially to his death.,He was discharged under honorable conditions and died due to a service-connected disability, meeting the basic eligibility requirements for Dependents' Educational Assistance (DEA) benefits.
- Denied
The Veteran's death was not caused by VA medical care, and there is no evidence of negligence or fault on the part of VA. The cause of death was due to advanced cirrhosis and end-stage liver disease.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining medical opinions and records. The Veteran's cause of death is not clear due to lack of service connection.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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