The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1151 as there was no evidence that VA's treatment caused the veteran's death or worsened his condition to a degree that it led to his demise.
The deciding factor: The decision was based on the lack of evidence showing carelessness, negligence, lack of proper skill, error in judgment, or similar fault by VA and the fact that the veteran's progression to chronic renal failure would have occurred even without the drug reaction.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904134
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.