The Board found that the veteran's squamous cell carcinoma was not misdiagnosed or should have been diagnosed at an earlier point, and there is no evidence of carelessness, negligence, lack of proper skill or error in judgment on the part of VA health care providers. Therefore, the requirements for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 were not met.
The deciding factor: The veteran's squamous cell carcinoma was diagnosed in February 1998, approximately one month after he reported symptoms of respiratory illness. The Board found that the appellant's suggestion of a misdiagnosis or failure to diagnose at an earlier point is without merit and there is no evidence of carelessness, negligence, lack of proper skill or error in judgment on the part of VA health care providers.
- Claimed conditions
- squamous cell carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2002
- Citation
- 0217493
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. Search VA.gov for the original decision (opens in a new tab) using citation 0217493.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's squamous cell carcinoma is granted as secondary to his service-connected eczema and psoriasis. The initial compensable evaluation for toenail psoriasis remains denied.
- Whole decision: Dismissed
The Board has dismissed the Veteran's appeals for service connection of squamous cell carcinoma, basal cell carcinoma, and actinic keratosis as the appeal is considered duplicative of a previous decision.
- Whole decision: Partly granted
The Board has determined that the severance of service connection for neoplasm hard and soft tissue of the mouth was improper, as there is conflicting medical evidence regarding the cause of the condition. The Veteran's conditions are related to his active duty service.
- Whole decision: Denied
The Board denied service connection for the cause of death due to squamous cell carcinoma, finding that there is no evidence linking it to herbicide agent exposure in Vietnam.
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