The Board remands the claim for a medical opinion regarding the Veteran's cause of death, specifically addressing whether his respiratory failure, septic shock, hemorrhagic shock, gastrointestinal hemorrhage, diabetes mellitus, coronary artery disease, and chronic osteomyelitis of the right leg were related to in-service toxic exposure or an in-service right leg injury.
The deciding factor: The Board finds that VA should have obtained an adequate medical opinion to determine whether the Veteran's cause of death was related to his conceded TERA to satisfy the duty to assist and the statutory duty created by the PACT Act, as well as to address favorable opinions provided by private physicians regarding the in-service right leg injury.
- Claimed conditions
- Respiratory failure, Septic shock, Hemorrhagic shock, Gastrointestinal hemorrhage, Diabetes mellitus, Coronary artery disease, Chronic osteomyelitis of the right leg
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032785
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 diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Remanded (sent back)
The Board remands the claim for service connection of the cause of death to obtain a medical opinion regarding any relationship between the Veteran's causes of death and service or toxic exposures.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Denied
The Board denied increased ratings for the Veteran's coronary artery disease for all periods on appeal.
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