The VA denied the appellant's claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151, finding that the veteran's death was not caused by any fault on the part of the VA.
The deciding factor: The medical evidence did not support a conclusion that the VA's treatment or procedures were at fault in causing the veteran's death from metastatic carcinoma.
- Claimed conditions
- metastatic carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 7, 2008
- Citation
- 0807937
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 0807937.
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: Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the cause of the Veteran's death and his heart disorder. The appellant is asked to provide medical records, and an expert opinion on the nature and etiology of the Veteran's heart condition.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a VA medical opinion to determine if the Veteran's fatal metastatic carcinoma is directly related to his in-service herbicide exposure. The Appellant may still establish service connection on a direct basis, despite the malignancies not being listed as diseases presumptively associated with exposure to herbicide agents under 38 C.F.R. § 3.309(e).
- Whole decision: Granted
The Board has granted the reopening of the claim for service connection for the cause of the Veteran's death, finding that there is at least equipoise evidence to suggest a link between the Veteran's metastatic carcinoma and his exposure to Agent Orange during active service. The Board also found that the Veteran's cause of death was caused by this cancer.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to the need for additional evidence and a medical opinion regarding whether the Veteran's service-connected residuals of subtotal gastrectomy was a principal or contributory cause of his death.
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.