The veteran died while hospitalized in a VA medical facility for worsening shortness of breath. The cause of death was attributed to chronic obstructive pulmonary disease, hypertension, and other conditions. The appellant is seeking compensation under the 38 U.S.C. § 1151 due to her belief that the veteran's death was caused by VA treatment. The claim will be remanded for further development including obtaining medical opinions on causation.
The deciding factor: The Board found that the appellant's claim should be adjudicated under the more favorable interpretation of the law as stated in Brown v. Gardner, which does not require identification of fault on the part of VA.
- Claimed conditions
- chronic obstructive pulmonary disease, hypertension, seizure disorder, chest pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 24, 2003
- Citation
- 0317381
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. Search VA.gov for the original decision (opens in a new tab) using citation 0317381.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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