The Board dismissed the claims for compensation under 38 U.S.C. § 1151 and DIC benefits under 38 U.S.C. § 1151 due to a settlement agreement between the Appellant and VA, which precluded any further action on these claims.
The deciding factor: The May 2021 Federal Tort Claims Act (FTCA) settlement agreement barred the Appellant from bringing additional claims based on VA's provision of inadequate care resulting in the Veteran's death.
- Claimed conditions
- Hip fracture, Aspiration pneumonia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2023
- Citation
- 23046536
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 23046536.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claim for service connection of the Veteran's cause of death to obtain a medical opinion regarding the relationship between his in-service pneumonia and his aspiration pneumonia, as well as whether his TBI caused or contributed to his seizures and Parkinson's disease.
- Remanded (sent back)
The Board remands the claim for service connection for cause of death to obtain a medical opinion on whether the Veteran's cause of death was caused by or etiologically related to exposure to multiple vaccinations during service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, requiring an additional VA medical opinion regarding the cause of the Veteran's death.
- Granted
The Veteran's death was caused by congestive heart failure due to (or as a consequence of) dilated cardiomyopathy, with significant contributing conditions including aspiration pneumonia and pulmonary fibrosis. Service connection for the cause of death has been granted.,Asbestos exposure in service is conceded, and a VA medical opinion supports the conclusion that asbestos exposure contributed substantially to the Veteran's cause of death.
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