The Board found that the Veteran's death was not due to negligent treatment received at VA facilities, and therefore denied DIC under 38 U.S.C.A. § 1151.
The deciding factor: VA medical records showed appropriate pre-operative evaluations and informed consent for general anesthesia. The deaths were attributed to a combination of the Veteran's underlying conditions and possible healthcare-associated infections.
- Claimed conditions
- Cataract, Chronic Obstructive Pulmonary Disease (COPD), Hepatitis, Liver Cirrhosis, Diabetes Mellitus, Anemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2010
- Citation
- 1015980
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 1015980.
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 asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for insomnia, fatigue, gallstones, varicose veins, anemia, colitis, and PTSD due to a lack of evidence supporting the claims.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining a new examination and further developing evidence related to toxic exposure during service.
- Dismissed
The Veteran withdrew the appeal in September 2025, stating that she is now 100% permanently and totally disabled effective April 29, 2025.
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