The appeal to reopen the claim for service connection for cause of death was granted, but the entitlement to service connection for cause of death is remanded.
The deciding factor: The evidence submitted since the January 2004 rating decision is new and material, as it relates to an unestablished fact necessary to substantiate the claim.
- Claimed conditions
- cause of death
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001368
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a clarifying opinion on whether the Veteran's service-connected disabilities caused his death through obesity as an intermediate step.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a need for additional evidence, specifically an autopsy report and a medical opinion.
- Remanded (sent back)
The Board remands the issue of service connection for the Veteran's cause of death, to include as a result of exposure to ionizing radiation, due to lack of substantial compliance with previous remand directives.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a pre-decisional duty to assist error and the need for a VA medical opinion.
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