The Veteran's COPD and congestive heart failure are not due to carelessness, negligence, or similar instance of fault on the part of VA medical providers between 2002 and 2004. Therefore, his claims for compensation under 38 U.S.C.A. § 1151 are denied.
The deciding factor: The VA opinions provided a thorough review of the Veteran's medical records and concluded that there was no evidence showing a failure to diagnose or carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the Department of Veterans Affairs for his COPD and congestive heart failure.
- Claimed conditions
- Congestive Heart Failure, Chronic Obstructive Pulmonary Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2010
- Citation
- 1001462
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 1001462.
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 congestive heart failure, pulmonary hypertension, and pulmonary fibrosis as these conditions were not related to the Veteran's service, including his exposure to Agent Orange.
- Partly granted
The Board granted service connection for the Veteran's bilateral hearing loss and tinnitus, but denied service connection for hypertension, congestive heart failure, sleep apnea, and erectile dysfunction.
- Partly granted
The Board denied service connection for COPD, obstructive sleep apnea, atrial fibrillation, and hypertension as not being related to the Veteran's active duty or secondary to his service-connected GAD. However, congestive heart failure was granted due to a secondary relationship with his service-connected GAD.
- Remanded (sent back)
The Board remands the case to obtain a medical opinion addressing whether the Veteran's service-connected PTSD caused or aggravated his cardiovascular diseases, which were listed as contributing causes of death.
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.