The Veteran's claim for benefits under 38 U.S.C. § 1151 was denied because the evidence did not show that VA care caused an additional disability, and there was no negligence on VA's part.
The deciding factor: VA medical records showed that the Veteran had COPD exacerbation leading to respiratory failure, which required intubation. The transfer of the Veteran from Coleman Hospital to Abilene Regional Medical Center was deemed appropriate given his unstable condition.
- Claimed conditions
- Cardiomyopathy, Occluded right coronary artery stent
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2011
- Citation
- 1145412
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 1145412.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Remanded (sent back)
The Board has determined that the Veteran's heart conditions may be related to his service-connected sleep apnea and/or generalized anxiety disorder, but further examination is needed to determine causation.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate medical opinion regarding the Veteran's heart conditions and their relation to service. The Veteran is asked to provide an addendum opinion from a qualified medical professional.
- Denied
The Board denied the Veteran's claim of CUE in the December 2005 rating decision that assigned a 60 percent initial disability rating for cardiomyopathy with pulmonary hypertension, finding no clear and unmistakable error.
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