The Board denied the appellant's claims for DIC under 38 U.S.C.A. § 1151 and dependent's educational assistance under Chapter 35, as there was no evidence that VA's failure to timely diagnose or properly treat the veteran's condition proximately caused his death or that VA failed to exercise the degree of care expected of a reasonable health care provider.
The deciding factor: The veteran's pulmonary condition increased in severity during hospitalization at the VAMC, but its continuance or progress was not proximately caused by VA's failure to timely diagnose or properly treat the disease. The VA exercised the degree of care that would be expected of a reasonable health care provider.
- Claimed conditions
- blastomycoses, emphysema, chronic bronchitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2008
- Citation
- 0812030
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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