The Board finds that the veteran's death was caused by VA surgical treatment in September 1996, and concludes that the criteria for entitlement to DIC under 38 U.S.C.A. § 1151 are met. The claim for service connection for PTSD is denied as there is no competent evidence showing the veteran had PTSD.
The deciding factor: The VA medical care providers' error in performing a laparoscopic cholecystectomy on a decompensated liver disease patient led to postoperative complications resulting in death, meeting the criteria under 38 U.S.C.A. § 1151 for DIC benefits. There is no evidence of PTSD.
- Claimed conditions
- hepatic encephalopathy, cirrhosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2006
- Citation
- 0608264
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for the Veteran's cause of death, for purposes of entitlement to dependency and indemnity compensation (DIC), as further development is necessary.
- Remanded (sent back)
The Board remands the claim for additional development, including generating a TERA memorandum and obtaining an advisory medical opinion regarding the cause of the Veteran's death.
- Remanded (sent back)
The Board remands the claim for service connection for a liver condition to correct an error by the AOJ and ensure that all necessary medical opinions are obtained.
- Granted
Service connection for the cause of the Veteran's death is granted based on in-service exposure to vinyl chloride in Camp Lejeune drinking water contributing to his cirrhosis.
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