The Veteran's death was caused by cardiopulmonary arrest, with severe COPD as the underlying cause. The appellant claims that VA-prescribed medications were administered in excessive dosages and hastened his death. The case is being remanded to secure additional medical records for review.
The deciding factor: VA prescribes medications but lacks specific dosage information from the Veteran's terminal care providers, which is necessary to determine if they were administered in excess of what was reasonable.
- Claimed conditions
- Severe Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2011
- Citation
- 1115853
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 1115853.
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.
- Granted
The Veteran's death was caused by CHF, severe pulmonary hypertension, and severe COPD. The Board found that the Veteran's service-connected cold injury residuals contributed to his obesity, which in turn led to these conditions. Therefore, DIC benefits are granted based on service connection for the cause of the Veteran's death.
- Denied
The Board found that the Veteran's service-connected multiple myeloma did not render him in need of regular aid and attendance or permanently housebound due to his nonservice-connected conditions, such as dementia and COPD. Therefore, SMC based on the need for aid and attendance or housebound status is denied.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, finding that cirrhosis did not have a nexus to his military service and hepatitis C was not acquired during service.
- Denied
The Board found that the veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.