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.
- Granted
The Veteran's appeal was granted for various disabilities, including service connection for depressive disorder and increased evaluations for diabetic peripheral neuropathy affecting multiple nerve groups. A SMC based on need for aid and attendance was also awarded.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
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