The Board found that the veteran's death was not a result of VA hospital care, but rather a reasonably foreseeable consequence.
The deciding factor: VA hospital personnel did not cause the fall due to negligence or fault.
- Claimed conditions
- Hepatic cirrhosis, Esophageal varices, Femur fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 6, 2005
- Citation
- 0500397
Veterans Law Judge
Decisions by this judge: 1,613 · Granted: 30% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0500397.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for the cause of death and Dependency and Indemnity Compensation (DIC) to correct a pre-decisional duty-to-assist error, as the VA examinations are inadequate.
- Whole decision: Remanded (sent back)
The Board remands the claim for a new medical opinion to address the nature and etiology of the Veteran's cause of death, specifically regarding its relation to presumed herbicide agent exposure.
- Whole decision: Granted
The Veteran's GERD with esophagitis and esophageal varices is granted an increased disability rating of 30 percent, effective April 8, 2019.
- Whole decision: Remanded (sent back)
The Board has reopened the claim for service connection for cause of death due to new and material evidence submitted by the appellant. The Veteran's cause of death was caused by gastrointestinal bleed, esophageal varices, hepatocellular carcinoma, end stage liver disease, and liver cirrhosis.,The appellant contends that the Veteran's hepatitis C may be related to his service-connected diabetes mellitus or due to herbicide exposure during service in Vietnam. The Board finds a remand necessary for an addendum opinion on both issues.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.