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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection and DIC due to the Veteran's cause of death, as well as a claim under 38 U.S.C. § 1151, for additional development.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance, entitling him to special monthly compensation.
- Denied
The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence to support exposure to herbicide agents during service and thus denying service connection on a presumptive basis. The Board also found insufficient evidence to establish direct or secondary service connection for any conditions contributing to the Veteran's death.
- Granted
The Veteran's hypoxia and respiratory residuals of extra gonadal germ cell tumor have been granted a 100 percent rating, effective from the date of the decision.
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