The Veteran's cause of death was listed as aspiration pneumonia. The claim for dependency and indemnity compensation (DIC) under 38 U.S.C. § 1151 is denied because the care that led to his death occurred at a VA-contracted facility, which disqualifies him from receiving DIC benefits.
The deciding factor: The Veteran's cause of death was due to aspiration pneumonia, and he died while in private care (at Kaiser Permanente) under a contract with Sarah Care of Campbell. The legal authority governing the award of DIC under 38 U.S.C. § 1151 is clear and specific, prohibiting compensation for deaths occurring at VA-contracted facilities.
- Claimed conditions
- aspiration pneumonia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2018
- Citation
- 18154637
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 18154637.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the Veteran's service in Guam or American Samoa, which could affect his presumptive service connection based on herbicide exposure under the PACT Act.
- Granted
The Veteran's service-connected disabilities have precluded him from obtaining and maintaining substantially gainful employment since March 30, 2020. The Board has granted a TDIU for this period.
- Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that the cause was not related to active service or any incident of service.
- Denied
The Veteran's claimed conditions, including aspiration pneumonia, loss of balance, genital infection, rash and/or itching, and bladder and bowel control issues, are not considered to be caused by VA treatment or lack thereof. The Board finds that the evidence does not support a finding that these conditions were increased as a result of VA care.
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