The Board found that the Veteran's diverticulosis with diverticulitis and gastrointestinal bleeding, as well as his chronic obstructive pulmonary disorder with pneumonia and respiratory failure, were not due to fault on the part of VA in furnishing hospital care or treatment. The decision denied compensation under 38 U.S.C.A. § 1151 for both conditions.
The deciding factor: The evidence did not show that VA's care was careless, negligent, or lacking in skill, and there was no indication that the Veteran's disorders were caused by an event not reasonably foreseeable.
- Claimed conditions
- diverticulosis with diverticulitis, gastrointestinal bleeding, chronic obstructive pulmonary disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2011
- Citation
- 1100463
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 1100463.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims of service connection for the cause of the Veteran's death and entitlement to VA DIC under 38 U.S.C. § 1151 due to a need for further evaluation regarding the relationship between any identified pulmonary/respiratory disability, including bronchial asthma, and active service.
- Remanded (sent back)
The Board has granted the appellant's petitions to readjudicate her claims for service connection for heart disabilities and chronic obstructive pulmonary disorder. However, both claims are remanded due to new evidence submitted since the last decision.
- Granted
The Board granted an initial 50 percent rating for the Veteran's cirrhosis of the liver with portal hypertension, Wilson's disease, gastrointestinal bleeding, and pancreatitis based on a history of one episode of hemorrhage from portal gastropathy.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.
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