The Veteran's death was not caused by VA carelessness, negligence, or fault in furnishing hospital care. The Board found that the October 2012 examiner's opinion outweighed the lay evidence and denied DIC benefits.
The deciding factor: The preponderance of the evidence is against the appellant’s claim for DIC benefits under 38 U.S.C. § 1151, as the October 2012 examiner found no fault on VA's part in causing the Veteran's death.
- Claimed conditions
- Organizing pneumonia, Respiratory failure, Bronchopleural fistula, Diabetes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 28, 2019
- Citation
- 19106483
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19106483.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
- Whole decision: Denied
The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Whole decision: Granted
The Veteran's TDIU, SMC on housebound basis, and DEA benefits are granted effective October 16, 2019. The Board found the Veteran unable to secure or follow a substantially gainful occupation due to his service-connected right lung lobectomy.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded due to a duty to assist error. The VA needs to obtain examination reports and determine if the service-connected conditions meet the criteria for specially adapted housing and special home adaptation grant.
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