The Board has identified a pre-decisional duty to assist error and remands the case for obtaining the Veteran's complete record of treatment prior to his death, including records from VistA Imaging. The VA must also obtain an addendum opinion regarding whether the Veteran's death was due to carelessness or negligence during his hospitalization in January 2014.
The deciding factor: The Board found that there is a need for additional evidence and clarification of the appellant's claims, specifically related to the Veteran's treatment and potential fault on VA's part during his hospitalization in January 2014.
- Claimed conditions
- Methicillin-resistant Staphylococcus aureus (MRSA), Bacterial endocarditis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2023
- Citation
- A23032366
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 A23032366.
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.
- Dismissed
The Veteran's appeals for service connection for MRSA and dental trauma were dismissed because the Veteran did not respond to a Board letter seeking clarification within 60 days.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate opinions and a duty to assist error. The Veteran is required to undergo examinations for his right big toe condition, MRSA, and right knee condition.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions that comply with previous Board directives.
- Remanded (sent back)
The Board has remanded the issue of service connection for MRSA due to inadequate response from a VA examiner. The Veteran contends that his MRSA developed during service from contact with other people and sharing equipment.
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.