The Board has decided to remand the case due to a failure to address VA's duty to assist in obtaining medical evidence regarding whether the Veteran's death was service-connected. The examiner is requested to provide an opinion on the relationship between the Veteran's heart condition, emphysema, and his cause of death.
The deciding factor: The Board found that VA failed to address the Appellant's contention that service connection was warranted for the Veteran's congestive heart failure and left ventricular hypertrophy and if they contributed to the Veteran's cause of death under 38 C.F.R. § 3.312(c).
- Claimed conditions
- Congestive Heart Failure, Left Ventricular Hypertrophy
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 2, 2023
- Citation
- 23012902
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 23012902.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a new VA examination focusing on his service-connected disabilities and their impact on his eligibility for benefits, as well as his need for aid and attendance.
- Granted
The Veteran's claim for an increased rating of 100 percent for CAD was granted effective November 28, 2023. The effective date is based on the date of a VA examination showing the increase in disability.
- Denied
The Board denied the Veteran's claims for service connection for Congestive Heart Failure with Atrial Fibrillation with AICD and Hypertension (High Blood Pressure), finding that there was no evidence of direct service connection, and that the conditions were not caused or aggravated by service-connected OSA.
- Denied
The Board has denied the Veteran's claim for service connection for congestive heart failure, finding that there is no evidence of a current disability related to his military service. The Veteran's private cardiologist and VA examiner both opined against a link between his current condition and service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.