The veteran's death was not the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part and was not an unforeseeable result of emergency room treatment.
The deciding factor: VA provided immediate care upon admission to the emergency room and the medical opinion found that the care provided was within standard parameters. The veteran's death was a foreseeable risk given his multiple co-morbidities.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2008
- Citation
- 0812192
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.