The Board finds that the Veteran's death was not caused by VA medical care, and therefore DIC under 38 U.S.C. § 1151 is denied.
The deciding factor: The proximate cause of the Veteran's death was pneumonia, which was not reasonably foreseeable given his pre-existing conditions and treatment provided during hospitalization.
- Claimed conditions
- metastatic carcinoma of the neck, gastrointestinal bleeding with partial small bowel obstruction, hemoptysis, laryngectomy, compression deformity of the upper dorsal spine, pneumonia, hypokalemia, hyponatremia, seizure disorder, anemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2011
- Citation
- 1134021
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 1134021.
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 Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Denied
The Board denied the Veteran's claims for service connection for pneumonia, diabetic ketoacidosis (DKA), and asthma as causes of death. The evidence did not support finding that these conditions were related to his service-connected disabilities.
- Dismissed
The Veteran's appeals for service connection on the issues of esophageal condition, right foot condition, headaches, seizure disorder, traumatic brain injury, and hypertension have been dismissed due to withdrawal by the Veteran during a Board hearing. The claim for service connection for an acquired psychiatric disorder is remanded.
- Remanded (sent back)
The Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
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