The Board remands the claim for service connection for the cause of the Veteran's death to correct pre-decisional errors, including obtaining a complete personnel record and a VA medical opinion.
The deciding factor: Remand is necessary due to incomplete consideration of the Veteran's entire active service period and failure to obtain a VA medical opinion regarding the etiological link between COPD and the cause of death.
- Claimed conditions
- COPD, Septic shock of unknown etiology with contributing causes of acute kidney injury, acute hepatic failure, hyperkalemia, and myocardial infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071936
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 COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
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