The Board denied the claim for entitlement to DIC benefits for the cause of the veteran's death under the provisions of 38 U.S.C.A. § 1151, as there was no evidence that VA's failure to exercise the degree of care that would be expected of a reasonable health care provider or that the proximate cause of the veteran's additional disability was an event not reasonably foreseeable.
The deciding factor: The Board found that post-operative wound infections were reasonably foreseeable events and that there was no evidence of negligence, lack of proper skill, error in judgment, or similar instance on VA's part in furnishing medical treatment.
- 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 25, 2008
- Citation
- 0813826
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.