The Board found that the Veteran's death was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing medical treatment.
The deciding factor: There is no evidence that the recurrence of cancer suffered by the Veteran in July and August 2005 (and subsequent death) was proximately caused through carelessness, negligence, an error in judgment, lack of proper skill, or otherwise, by the medical treatment he received at the Omaha VAMC.
- Claimed conditions
- Cardiopulmonary arrest due to sepsis from perforated viscus due to metastatic renal cell carcinoma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2009
- Citation
- 0910882
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.