The Board has determined that the Veteran's neck cancer was caused by carelessness, negligence or error in judgment on the part of VA during a lip biopsy procedure. As such, compensation under 38 U.S.C.A. § 1151 is granted.
The deciding factor: The medical evidence supports the conclusion that the Veteran's metastatic cancer to his neck was caused by carelessness, negligence or error in judgment on the part of VA during a lip biopsy procedure.
- Claimed conditions
- cancer of the lip, metastasis to neck
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 17, 2012
- Citation
- 1201638
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 1201638.
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.
- Remanded (sent back)
The Board has decided that new and material evidence has been received to reopen the claim of service connection for cancer of the lip. The issue is now remanded for further development, including an examination to determine the etiology of the Veteran's condition.
- Granted
The Board has determined that the Veteran's skin cancer of the left arm and cancer of the lip were incurred in service due to exposure to sun. As such, these conditions are granted service connection.
- Granted
The Board has granted service connection for bilateral hearing loss and tinnitus, but denied service connection for skin cancer of the left arm (as secondary to service-connected left hand osteoarthritis), cancer of the lip, inner ear disorder (vertigo), and bilateral hearing loss. The decision on the issue of service connection for tinnitus is based on direct evidence.
- Granted
The Board has determined that the veteran's squamous cell carcinoma, which is currently diagnosed and linked to his presumed exposure to herbicides during service in Vietnam, meets the criteria for service connection. As such, the claim is granted.
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