The Board denied the claim for DIC benefits under 38 U.S.C.A. § 1151 as it was determined that the Veteran's death was not due to VA hospital care, medical or surgical treatment, and there was no evidence of fault on the part of VA.
The deciding factor: The consulting physician opined that the Veteran's death was an inevitable consequence of his progressive chronic disease for which he had been well-treated over a long period of time, and that VA healthcare providers exercised the degree of skill and care expected of a reasonable healthcare provider.
- Claimed conditions
- Coronary artery disease, Myocardial infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0907056
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.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for the cause of the Veteran's death due to a lack of sufficient evidence addressing all contentions.
- Denied
The Board denied increased ratings for the Veteran's coronary artery disease for all periods on appeal.
- Denied
The Board denied the Veteran's claims for increased ratings for degenerative joint disease and intervertebral disc syndrome, cervical spine; cervical spine radiculopathy, right upper extremity; coronary artery disease; and right ear hearing loss.
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