The Board found that VA medical treatment did not result in the Veteran's death and that the cause of his death was not reasonably foreseeable. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: VA failed to exercise the degree of care expected from a reasonable health care provider or furnish medical treatment which was not reasonably foreseeable.
- Claimed conditions
- carcinoma of the nasopharynx
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2013
- Citation
- 1308905
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 1308905.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has dismissed the Veteran's appeals for service connection due to his death.
- Denied
The Board denied the Veteran's claim for service connection for carcinoma of the nasopharynx and spousal aid and attendance benefits. The decision is final as it was not appealed to the Court.
- Denied
The VA medical treatment for the veteran's cancer did not involve any fault on VA's part, and there was no unforeseeable event that caused his death. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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