The Board has determined that the Veteran's death from colon cancer was caused by VA's failure to timely diagnose and treat his condition, resulting in a deterioration of his health. The Board finds that this constitutes negligence on VA's part, warranting an award of DIC benefits under 38 U.S.C.A. § 1151.
The deciding factor: The expert medical opinion concluded that the Veteran's death was accelerated due to VA's lack of timeliness in diagnosing and treating his colon cancer, which resulted in a deterioration of his health.
- Claimed conditions
- Colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2012
- Citation
- 1235980
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 1235980.
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 Board denied the Veteran's claims for increased ratings for his service-connected colon cancer disability, finding that there is inadequate evidence to support a compensable rating prior to March 23, 2021 and no increase in rating thereafter.
- Granted
The Veteran's claim for service connection for colon cancer has been granted due to new and relevant evidence received since the previous denial. The Board finds that the Veteran's current disability is a condition that had its onset during his military service.
- Granted
The Veteran's claim for an increased rating for residuals of colon cancer is granted, with a new rating of 30 percent effective December 1, 2024. The claims for ratings in excess of 10 percent for two painful scars and for compensable ratings for four remaining scars are denied.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the cause of the Veteran's death, specifically concerning his bladder cancer and other cancers allegedly caused by exposure to contaminated water at Camp Lejeune.
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