The Board found that the Veteran's death was not caused by VA medical treatment, and thus denied dependency and indemnity compensation under 38 U.S.C.A. § 1151.
The deciding factor: The evidence did not show that the Veteran's death resulted from carelessness, negligence, or lack of proper skill on the part of VA in furnishing hospital care, medical or surgical treatment, nor was it due to an event not reasonably foreseeable.
- Claimed conditions
- Myelodysplasia, Neutropenia, Sepsis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2010
- Citation
- 1001692
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 1001692.
What this means for you
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What you can do next
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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