The Board found that the service-connected disabilities did not cause or contribute substantially to the Veteran's death. The appellant's DIC claim under 38 U.S.C.A. § 1318 was also denied as there were no legal grounds for such a claim.
The deciding factor: The medical evidence does not support a finding that any service-connected disability caused or contributed to the Veteran's fatal sepsis, and the appellant did not meet the eligibility criteria for DIC under 38 U.S.C.A. § 1318.
- Claimed conditions
- Sepsis, Gallstone pancreatitis, Massive gastrointestinal tract infarction with mesenteric vascular thrombosis, Multisystem organ failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2009
- Citation
- 0916152
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0916152.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has granted the appellant's petition to readjudicate her claim for service connection for cause of the Veteran's death due to new and relevant evidence. However, the case is remanded as the AOJ must consider the merits of the claim on its own.
- Denied
The Veteran's death was not caused by any service-connected disability, and there is no evidence of a presumptive relationship to herbicide exposure. The Board denied the claim for service connection for the cause of death.
- Granted
The Board has determined that the Veteran's death was due to VA carelessness, negligence, or lack of proper skill in not administering prophylactic antibiotics prior to his dental extractions. As a result, DIC benefits are granted.
- Denied
The Veteran's cause of death was hemorrhagic shock with multiorgan failure and acute gastrointestinal bleed, which the Board found not related to his military service or exposure to toxic chemicals. The claim for service connection for cause of death is denied.
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