The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for additional disability of respiratory symptoms (occasional shortness of breath, coughing, wheezing) as a result of VA's failure to diagnose and treat a pulmonary embolism during February 2004 VA hospitalization is granted.
The deciding factor: The Board determined that the Veteran's respiratory symptoms were proximately caused by VA's failure to timely diagnose and properly treat his pulmonary embolism, which resulted in additional disability.
- Claimed conditions
- Respiratory symptoms (occasional shortness of breath, coughing, wheezing), Pulmonary embolism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2022
- Citation
- 22018142
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 22018142.
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 has decided to remand the case due to errors in duty to assist, specifically regarding toxic exposure exposures during service and their impact on the Veteran's cause of death.
- Denied
The Veteran's right lower extremity varicose veins, post-phlebitic syndrome, deep vein thrombosis and pulmonary embolism are currently rated as 10 percent disabling. The Board found that the evidence does not support a higher rating due to lack of persistent edema or stasis pigmentation.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Denied
The Board denied the restoration of a separate 50 percent rating for sleep apnea due to clear and unmistakable error in the May 2008 rating decision.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.