The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional heart disease and a myocardial infarction, finding no evidence of negligence or fault by VA in providing treatment.
The deciding factor: There was no competent evidence showing that VA care providers were negligent or that the veteran's disability was not reasonably foreseeable given his medical history.
- Claimed conditions
- arteriosclerotic heart disease, myocardial infarction (heart attack), status post stent placement and sinus bradycardia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901620
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was dismissed due to the untimely filing of the Notice of Disagreement.
- Partly granted
The Board granted a separate initial 20 percent rating for right knee meniscal tear based on limitation of knee flexion, and an initial 60 percent rating for arteriosclerotic heart disease. It also granted TDIU due to service-connected residuals of prostate cancer.
- Denied
The Board denied the veteran's claims for earlier effective dates and higher ratings for his service-connected conditions, as well as a TDIU.
- Granted
The Board granted service connection for a heart disability, to include arteriosclerotic heart disease, CAD, valvular heart disease, ventricular arrhythmia, and superventricular arrhythmia, based on the Veteran's exposure to herbicide agents during his service in Okinawa.
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