The Veteran's death was not caused by VA negligence during a VA hospitalization, and the Board finds that his death does not meet the criteria for DIC pursuant to 38 U.S.C.A. § 1151.
The deciding factor: VA did not provide the necessary care or treatment resulting in the Veteran's death due to asphyxia from choking on food, which was unforeseeable and unrelated to VA hospitalization.
- Claimed conditions
- peripheral neuropathy, Charcot's foot, coronary artery disease, peripheral vascular disease, diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2013
- Citation
- 1328469
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 1328469.
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.
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The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claim for an increased rating for coronary artery disease is being remanded due to the inadequacy of a previous VA examination.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
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