The Board denied entitlement to DIC benefits under 38 U.S.C.A. § 1151 and service connection for the cause of the veteran's death, finding no evidence that VA's care or transportation caused the veteran's additional disability or death.
The deciding factor: The Board found no credible evidence suggesting that VA's transportation on January 4, 2005, or its subsequent care, proximately caused the veteran's fatal aspiration pneumonia. The record also showed that both the veteran and his family had opted for palliative care, which was consistent with his declining health.
- Claimed conditions
- aspiration pneumonia, stage IV non-small cell lung cancer with bone metastasis, anemia, hypercalcemia, hypertension, hyperlipidemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2009
- Citation
- 0904325
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.
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The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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