The Board found that the veteran's death was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of VA fault, nor was it the result of an event that was not reasonably foreseeable.
The deciding factor: There is no clear evidence that the veteran's death was the result of carelessness, negligence, lack of proper skill, or error of judgment on the part of those administering his care, nor any clear evidence that the veteran's death was the result of an event that was reasonably foreseeable by a reasonable health care provider.
- Claimed conditions
- Oxycodone and Citalopram toxicity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2008
- Citation
- 0809690
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.