The Board has determined that the Veteran's death was caused by VA negligence and proximately caused his additional disability, resulting in DIC under 38 U.S.C. § 1151.
The deciding factor: The autopsy report confirmed that the Veteran died due to acute aspiration pneumonia, which was a result of VA negligence in administering potassium tablets without proper supervision or alternative forms of potassium supplementation.
- Claimed conditions
- Respiratory arrest, Pneumonia, Sepsis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2021
- Citation
- 21071963
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 21071963.
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 remands the case to obtain an adequate opinion regarding the Veteran's cause of death, specifically addressing toxic exposures during service and submitted medical literature.
- Remanded (sent back)
The Board remands the claims for service connection for the Veteran's cause of death and entitlement to Dependency and Indemnity Compensation under 38 USC § 1151 due to inadequate medical opinions.
- Remanded (sent back)
The Board remands the claim for a VA examination to address all respiratory disabilities found or shown during the appeal period and to determine their relationship to service, including exposure to toxic or environmental hazards.
- Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death, to include sepsis, MSSA bacteremia, and immunosuppression, due to in-service exposure to Agent Orange.
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