The Board has remanded the claims of service connection for the cause of the Veteran's death and DIC under 38 U.S.C. § 1151 for the cause of the Veteran's death as a result of medical treatment provided by VA due to procedural errors in obtaining medical opinions.
The deciding factor: The Board found that there were pre-decisional duty-to-assist errors regarding the provision of medical opinions necessary to adjudicate the claims, particularly concerning the relationship between the Veteran's fatal disease processes and his service.
- Claimed conditions
- sepsis, pneumonia, coronavirus (COVID-19) viral infection, congestive heart failure, hypertensive cardiovascular disease, acute on chronic kidney disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2024
- Citation
- A24063491
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24063491.
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 eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Denied
The Board has determined that the Veteran's death was not caused by or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for cause of death.
- Remanded (sent back)
The Board has remanded the issues of service connection for atrial fibrillation, benign prostatic hypertrophy with outflow obstruction, congestive heart failure, and hypertension due to inadequate VA opinions. The Veteran's exposure during service is conceded to include asbestos and gas chamber exposures.
- Denied
The Board denied service connection for various conditions, including psychiatric disorders, chronic fatigue, congestive heart failure, DM II, hypertension, and a right shoulder condition. The Veteran's claims were based on presumed exposure to contaminated water at Camp Lejeune.
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