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
Veterans Law Judge
Decisions by this judge: 2,645 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0813826.
What this means for you
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