The Veteran's cause of death is being remanded due to a duty to assist error. The VA examiner did not address the positive nexus opinions from private physicians, which may have impacted their conclusion on whether the service-connected varicosities caused or aggravated his hypertension and ultimately contributed to his death.
The deciding factor: The VA examiner failed to provide an adequate opinion addressing the positive nexus opinions from private physicians, violating the principles articulated in Gabrielson v. Brown.
- Claimed conditions
- varicosities of the right calf, status post surgery, hypertensive heart disease, heart failure, chronic kidney failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2026
- Citation
- A26018585
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 A26018585.
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 Veteran's service-connected disabilities, including diabetes, peripheral neuropathy, hypertension, and other conditions, rendered him unable to secure and follow substantially gainful employment prior to July 21, 2025.
- Granted
The Board has granted the Veteran's claim for service connection for hypertensive heart disease as secondary to his service-connected hypertension.
- Dismissed
The Veteran's attorney has withdrawn the appeal for service connection for hypertensive heart disease and diabetes mellitus type II.
- Granted
The Veteran's service connection claims for hypertensive heart disease, chest condition, left arm condition, right arm condition, left knee condition, right knee condition, and acquired psychiatric disorder are all granted.
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