The Board found no evidence that VA's failure to diagnose or treat the Veteran's preexisting conditions caused his additional disability, and thus denied the claim under 38 U.S.C.A. § 1151.
The deciding factor: VA did not exercise the degree of skill and care ordinarily required in diagnosing and treating the Veteran's lung condition, but there was no evidence that VA's failure to diagnose or treat caused his additional disability.
- Claimed conditions
- polymyositis, interstitial lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2014
- Citation
- 1406969
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 1406969.
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.
- Remanded (sent back)
The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for further review of the evidence. The Board is unable to determine if there was a factual increase in disability prior to the effective dates requested, or if service connection should be granted based on the current evidence.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC(r)(1) rate effective May 13, 2024. The decision is based on his service-connected PTSD and other disabilities that require aid and attendance.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC(r)(1) rate effective May 13, 2024. The decision is based on his service-connected PTSD and other disabilities that require aid and attendance.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining signed consent forms and an adequate medical opinion regarding the Veteran's lung complications.
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