The Board denied the appellant's request to reopen her DIC claim, finding no new and material evidence. The March 2005 decision held that VA did not cause the Veteran's death due to carelessness or negligence in providing medical treatment.
The deciding factor: VA failed to exercise the degree of care expected from a reasonable health care provider in treating the Veteran’s conditions.
- Claimed conditions
- Atherosclerotic cardiovascular disease, Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2023
- Citation
- 23009015
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 23009015.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 remanded the case due to the need for further development regarding toxic exposures and a VA examination.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
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