The Board dismissed the claims for VA compensation under 38 U.S.C. § 1151 for heart attack/open heart surgery, denied service connection for the cause of the Veteran's death, and denied service connection for PTSD secondary to heart attack/open heart surgery due to a settlement agreement related to the Veteran's heart disability.
The deciding factor: The appellant is precluded from bringing claims due to a settlement under the Federal Tort Claims Act (FTCA) that settled her claim for compensation under 38 U.S.C. § 1151 and also barred any future claims against VA.
- Claimed conditions
- heart attack, open heart surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2023
- Citation
- 23021057
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 23021057.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 claims for sleep apnea, headaches, alcohol use disorder (claimed as depression/anxiety), hypertension, and heart attack due to potential service connection based on aggravation of a pre-existing condition or secondary to other service-connected disabilities. Additional medical opinions are required regarding the nature and etiology of these conditions.
- Remanded (sent back)
The Veteran's claim for service connection for coronary artery disease is remanded due to the need for a medical opinion regarding exposure to burn pits during his military service.
- Dismissed
The Veteran's appeal for earlier effective dates for the award of service connection and increased rating for ischemic heart disease was dismissed as it is not a valid freestanding claim.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of death and its relation to service. The Appellant needs to provide additional private treatment records, and a VA clinician will need to review these records to determine if the Veteran's cause of death was misdiagnosed or related to in-service exposure at Camp Lejeune.
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.