The Board found that the veteran's hypothyroidism was a reasonably foreseeable consequence of his radiation therapy for larynx cancer in 1993, but denied compensation under 38 U.S.C.A. § 1151 as it did not meet the criteria for negligence or carelessness on part of VA.
The deciding factor: The Board determined that while hypothyroidism was a foreseeable consequence of radiation therapy, there was no evidence of negligence or carelessness by VA in providing treatment.
- Claimed conditions
- hypothyroidism, liver disease, splenomegaly, type II diabetes mellitus, hypertension, gout, arthritis of the joints with associated muscle and joint pain, impotence, ischemic heart disease, depression, peripheral neuropathy of the hands and feet, chronic skin disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2004
- Citation
- 0408619
Veterans Law Judge
Decisions by this judge: 673 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0408619.
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 claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board denied the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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