The Board has remanded the claims for service connection for the cause of death and eligibility for DEA benefits due to pre-decisional duty to assist errors. The Veteran's daughter seeks DEA benefits based on her status as a child of the Veteran, who had multiple service-connected disabilities including PTSD and head injuries. The Board notes that prior decision did not address whether the Veteran's alcohol dependency was secondary or aggravated by his service-connected conditions.
The deciding factor: The Board found pre-decisional duty to assist errors warranting remand for a medical opinion on whether the Veteran's alcohol dependence was caused, aggravated, or contributed substantially to death due to service-connected disabilities.
- Claimed conditions
- Head injury with depressed skull fracture, Posttraumatic and migraine headaches, Scars on the scalp and face, Status post osteoplastic flap of the left frontal sinus, PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074651
Veterans Law Judge
Decisions by this judge: 998 · Granted: 40% (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 A24074651.
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.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
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