The Veteran's condition deteriorated significantly after August 9, 2007, and VA facilities were not feasibly available for transfer. The medical care provided from August 10 to August 29 was deemed unnecessary due to the deterioration.
The deciding factor: The Veteran's condition worsened significantly after stabilization on August 9, making a transfer to VA facilities infeasible.
- Claimed conditions
- Acute dyspnea, Ischemic cardiomyopathy, Status post automatic implantable cardioverter-defibrillator/pacer, Cardio-renal syndrome, Marked obesity, Presumed chronic kidney disease, Chronic obstructive pulmonary disease, Pneumonitis, Respiratory failure secondary to severe chronic obstructive pulmonary disease exacerbation, Aspiration pneumonia, Clostridium difficile colitis, Renal failure, Anemia, Severe congestive heart failure, Atrial fibrillation, Methicillin-resistant Staphylococcus aureus, Ventilator-dependent respiratory failure, Diabetes
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2010
- Citation
- 1008896
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 1008896.
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.
- Granted
The Veteran's service-connected acquired psychiatric disability, ischemic cardiomyopathy, and other disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 29, 2020. Effective from that date, the Veteran is granted TDIU and SMC housebound.
- Denied
The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Granted
The Veteran's TDIU, SMC on housebound basis, and DEA benefits are granted effective October 16, 2019. The Board found the Veteran unable to secure or follow a substantially gainful occupation due to his service-connected right lung lobectomy.
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