The Veteran's family is seeking reimbursement for private hospital expenses due to his death, which they believe was caused by negligence or carelessness in the provision of medical care. The case must be remanded for further development and adjudication.
The deciding factor: The claim is intertwined with a potential claim under 38 U.S.C.A. § 1151, and thus requires consideration of whether negligence or carelessness resulted in the Veteran's death.
- Claimed conditions
- Gastrointestinal bleed
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2015
- Citation
- 1537971
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 1537971.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted payment or reimbursement of medical expenses incurred from January 13, 2017, to January 17, 2017, at Salinas Valley Memorial Hospital due to the Veteran's emergency treatment for a gastrointestinal bleed. The decision is based on the Veteran receiving VA care within the 24-month period preceding his non-VA emergency treatment.
- Granted
The Veteran's claim for payment of non-VA emergency medical services provided at Sarasota Memorial Hospital is granted as his condition required continued emergency treatment and no VA facility was feasibly available to receive a transfer.
- Remanded (sent back)
The Board has reopened the claim for service connection for cause of death due to new and material evidence submitted by the appellant. The Veteran's cause of death was caused by gastrointestinal bleed, esophageal varices, hepatocellular carcinoma, end stage liver disease, and liver cirrhosis.,The appellant contends that the Veteran's hepatitis C may be related to his service-connected diabetes mellitus or due to herbicide exposure during service in Vietnam. The Board finds a remand necessary for an addendum opinion on both issues.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete medical records and the need for a VA opinion regarding the Veteran's cervical spine fracture and its potential contribution to his cause of death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.