The Veteran's death was caused by hospital care, medical or surgical treatment, or examination provided by VA in April 2002. The proximate cause of the death is believed to be due to negligence and lack of proper skill on the part of VA in furnishing such care.
The deciding factor: A VA physician's opinion concluded that the Veteran's death was caused by hospital care, medical or surgical treatment provided by VA in April 2002, which was proximately caused by negligence and lack of proper skill on the part of VA.
- Claimed conditions
- Pneumonia, Sepsis syndrome, Disseminated intravascular coagulation, Chronic pulmonary disease, Liver disease, Congestive heart failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2010
- Citation
- 1012746
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 1012746.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Partly granted
The Board denied earlier effective dates for service connection for congestive heart failure and PTSD, granted a TDIU due to service-connected PTSD, and granted special monthly compensation based on housebound criteria.
- Partly granted
The Board granted service connection for a cardiovascular disability, secondary to hypertension, but denied a compensable rating and an earlier effective date for the grant of service connection for hypertension.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
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