The Veteran's post-treatment residuals of squamous cell carcinoma, including osteoradionecrosis, were found to be secondary to VA treatment and the lack of informed consent for an endotracheal intubation during a biopsy procedure. The Board granted compensation under 38 U.S.C.A. § 1151.
The deciding factor: The Veteran's additional disability was caused by VA's failure to obtain informed consent for the endotracheal intubation, which resulted in trauma and subsequent complications.
- Claimed conditions
- squamous cell carcinoma of the right tongue base, osteoradionecrosis, osteomyelitis, pressure necrosis of the right mandible
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2013
- Citation
- 1321123
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 1321123.
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.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Dismissed
The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.
- Remanded (sent back)
The Veteran's eligibility for VA's PCAFC benefits is being remanded due to insufficient medical opinion supporting the denial of benefits. The Board finds that the Veteran requires personal care services and supervision, meeting the basic medical eligibility criteria under PCAFC.
- Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to a duty to assist error. The Board cannot consider evidence submitted after the July 2024 rating decision, but any relevant VA treatment records from January 2023 to present will be obtained.
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