The veteran's death was caused by negligent care provided at a VA medical facility, and the Board has granted DIC under Section 1151. The appeal for service connection for the cause of the veteran's death is dismissed as no justiciable case or controversy exists due to the grant of DIC. The appellant is not entitled to accrued benefits.
The deciding factor: The VA hospital care provided was negligent and proximately caused the veteran's death from cardiopulmonary failure due to chronic pericardial tamponade.
- Claimed conditions
- cardiopulmonary failure, chronic pericardial tamponade
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 20, 2006
- Citation
- 0636043
Veterans Law Judge
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 0636043.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's death was caused by cardiopulmonary failure and adenocarcinoma of the rectum, both related to his military service.
- Denied
The Veteran's cause of death was due to metastatic lung cancer, which the Board found not attributable to service-connected conditions. The examiner opined that his lung cancer was not related to active service exposure.
- Denied
The Veteran's death was not caused by a service-connected condition, and there is no evidence of exposure to herbicides. The Board denied the claim for service connection.
- Denied
The Board has determined that the Veteran's cause of death, cardiopulmonary failure and chronic myelogenous leukemia, was not due to his military service or exposure to herbicides. The evidence does not support a finding of service connection for these conditions.
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