The Veteran died in December 2005 due to anaphylaxis reaction with resulting edema of the larynx and hypoxia. The appellant is seeking compensation under 38 U.S.C.A. § 1151 for this cause of death as a result of VA medical treatment.
The deciding factor: The event (anaphylaxis reaction) was not reasonably foreseeable, but whether it was the result of carelessness or negligence on the part of VA is to be determined based on informed consent and other factors.
- Claimed conditions
- Anaphylaxis, Edema of the larynx, Hypoxia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2010
- Citation
- 1024460
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 1024460.
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
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