The Board denied DIC benefits under 38 U.S.C. § 1151 for the death of the Veteran, finding that the cause of death was not caused by VA care and that no negligence occurred on VA's part.
The deciding factor: The Board found that the cause of death was sepsis due to an MRSA infection around the hip prosthesis, which was not reasonably foreseeable given the Veteran's underlying conditions and treatment. The Board also determined there was no evidence of negligence in the care provided by VA.
- Claimed conditions
- sepsis, coag positive staphylococcus, right hip infection, left lower lobe pneumonia, rheumatoid arthritis, asthma, chronic obstructive lung disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2020
- Citation
- 20056334
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 20056334.
What this means for you
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What you can do next
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- Remanded (sent back)
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- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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