The Board has determined that the decision on appeal is November 2019 and not April 2020, as the April 2020 rating decision did not adjudicate the DIC claim. The AOJ must now make a finding regarding whether the Appellant is considered the surviving child of the Veteran and provide complete notice of the decision under 38 U.S.C. § 5104. A VA examination should be afforded to the Appellant to determine if the cause of death is related to service or toxic exposure.
The deciding factor: The AOJ failed to make a finding regarding whether the Appellant is considered the surviving child and did not provide adequate notice of what additional evidence could support an appeal.
- Claimed conditions
- end-stage renal disease with history of kidney transplant and rejection, anxiety, gastroesophageal reflux disease (GERD), type II diabetes
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- July 1, 2024
- Citation
- A24035183
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 A24035183.
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.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's psychiatric condition, including PTSD, depression, and anxiety. The Veteran is seeking service connection for these conditions.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Granted
The Board has granted the claims for service connection for anxiety, depression, and an acquired psychiatric disorder (including PTSD), finding that new and relevant evidence supports these claims.
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