The Board found that the Veteran's death was not caused by VA hospital care and treatment, thus denying the claim for DIC under 38 U.S.C.A. § 1151.
The deciding factor: The Veteran died from respiratory failure due to right lower lobe bronchopneumonia, which was not caused by or aggravated by any VA treatment.
- Claimed conditions
- Respiratory Failure, Right Lower Lobe Bronchopneumonia, Malnutrition, Chronic Obstructive Pulmonary Disease, Old Myocardial Infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2012
- Citation
- 1208373
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 1208373.
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.
- Granted
The Veteran's service-connected disabilities, including Loss of Use of Both Feet with Sciatic and Femoral Nerve Diabetic Peripheral Neuropathy, have resulted in the permanent loss of use of both feet. The Board has determined that this meets the criteria for financial assistance in purchasing an automobile and adaptive equipment.
- Denied
The Veteran's death was not caused or contributed to by service or a service-connected disability. The Board denied the claim for service connection for the cause of the Veteran's death as there was no evidence of herbicide exposure during service and no other link between the Veteran's death and his military service.
- Denied
The Board denied the Appellant's claim for service connection for the cause of the Veteran's death, as the evidence did not support a finding that his CVA or other conditions were related to his military service.
- Denied
The Veteran's death was not service connected due to lack of evidence linking his conditions to service, and there is no presumption of exposure to herbicide agents (Agent Orange). The Board found the evidence did not support a grant of service connection for any condition that caused or contributed to the Veteran's death.
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