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 assigned
- None in this decision
- Decision date
- November 20, 2006
- Citation
- 0636043
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 0636043.
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
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Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim of service connection for cause of death, esophageal carcinoma, malignant pleural effusion, and cardiopulmonary failure. The medical evidence did not support a link between these conditions and his military service.
- Denied
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- Denied
The Board found that the veteran's death was not caused by or related to his service-connected malaria, and denied both claims for DIC benefits on the basis of cause of death and a claim under 38 U.S.C.A. § 1151.
- Granted
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