The Board denied the claim for DIC under 38 U.S.C. § 1151, finding that the Veteran's death was not caused by or proximately due to VA medical treatment and there was no fault on the part of VA.
The deciding factor: The March 2021 VA examiner found that appropriate fall precautions were implemented after the Veteran's fall during cataract surgery and that timely evaluation and treatment was provided. The Board did not find any evidence of negligence or fault by VA in this case.
- Claimed conditions
- Acute respiratory failure, Covid-19 pneumonia, Deep vein thrombosis (DVT)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2021
- Citation
- A21016312
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 A21016312.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, finding no evidence linking his heart disease and Covid-19 pneumonia to his active service.
- Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for cause of death.
- Denied
The Board has denied the Veteran's claim for service connection for cause of death due to acute respiratory failure and subdural hematoma, finding that no service-connected disability contributed substantially or materially to his death. The Veteran served in Vietnam but there is no evidence of a service-connected condition related to Agent Orange exposure.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death (acute respiratory failure, atrial fibrillation, and/or hypertension) is related to his active duty service, including from exposure to toxins and chemicals from open burn pits during the harsh winters in Korea. The Board finds a pre-decisional duty to assist error and remands for obtaining a VA medical opinion.
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