The Veteran's death was due to VA's carelessness in diagnosing and treating his kidney cancer, leading to the development of metastatic bladder cancer. The Board found that the Veteran's additional disability (metastasis and death) was caused by VA's error in judgment or carelessness.
The deciding factor: VA failed to exercise the degree of care expected from a reasonable health care provider due to errors in diagnosis and treatment, resulting in the Veteran's metastatic bladder cancer and subsequent death.
- Claimed conditions
- kidney cancer, bladder cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2013
- Citation
- 1305630
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 1305630.
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
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Other Board decisions on a similar condition or argued the same way.
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- Dismissed
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- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for kidney cancer and lung cancer due to a lack of adequate medical opinion regarding the etiology of his kidney cancer, which is presumed to be related to herbicide exposure. The claim for lung cancer is inextricably intertwined with the kidney cancer claim.
- Remanded (sent back)
The Board has remanded the case due to inadequate opinions regarding secondary service connection for kidney cancer, specifically whether it is aggravated by service-connected hypertension and diabetes. The Veteran's claim will be reconsidered with new medical opinions addressing this issue.
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