The Board found that the grant of service connection for the cause of the Veteran's death was clearly and unmistakably erroneous, as both prostate cancer and rectal adenocarcinoma were present at the time of his death. The decision concluded that severance of service connection was proper.
The deciding factor: Service connection for the cause of the Veteran's death was granted based on the presence of metastatic cancer, which included prostate cancer and rectal adenocarcinoma. The Board determined that both conditions were present at the time of his death and thus could not be distinguished as the underlying cause.
- Claimed conditions
- sepsis, metastatic cancer, prostate adenocarcinoma, rectal adenocarcinoma, colorectal disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2009
- Citation
- 0938718
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 0938718.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's cause of death, kidney cancer, is not service-connected. The Board found that the Veteran's cause of death was not related to his military service or a service-connected disability.
- Granted
The Veteran's cause of death, metastatic lung cancer, was found to be related to service and caused or contributed substantially to the Veteran's death. The Board granted entitlement to service connection for the Veteran's cause of death.
- Remanded (sent back)
The Board has remanded the issues of service connection for extreme fatigue, difficulty breathing, sepsis, and urinary tract infection due to incomplete records and a need for additional medical opinions.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's throat cancer, which was caused by asbestos exposure in service, led to his fatal metastatic cancer. The VA is instructed to obtain a new VA opinion addressing these theories.
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