The Veteran's death was caused by morphine toxicity, which is not considered a foreseeable event. The Board finds that VA compensation under 38 U.S.C. § 1151 is warranted.
The deciding factor: Morphine toxicity from routine VA treatment was not reasonably foreseeable and the Veteran did not receive proper informed consent or follow-up care.
- Claimed conditions
- cardiac tamponade, hemopericardium, ruptured dissecting thoracic aorta, hypertensive and arteriosclerotic cardiovascular disease, morphine toxicity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 25, 2018
- Citation
- 18105702
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 18105702.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been presented with respect to the Veteran's cause of death claim, necessitating a remand for further review.
- Granted
The Board granted service connection for the Veteran's cause of death, finding that the Veteran's service-connected PTSD disability caused or contributed substantially to his death.
- Remanded (sent back)
The appeal is remanded to obtain a medical opinion on whether the Veteran's cause of death is related to his service, including exposure to chemicals like TCE.
- Granted
The Veteran's cardiac tamponade, pericarditis, and aggravation of atrial fibrillation were caused by the carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical care with respect to the treatment he received at a VAMC in November 2017. As such, the appeal for compensation under 38 U.S.C. § 1151 is granted.
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