The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for cancer of the epiglottis and neck, finding no evidence that VA treatment caused additional disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
The deciding factor: The Board found no competent evidence demonstrating additional disability as a result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part during the veteran's treatment.
- Claimed conditions
- cancer of the epiglottis and neck
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2008
- Citation
- 0811562
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.