The Veteran's death was proximately caused by the negligence of his VA treating physicians in delaying the diagnosis of his laryngeal cancer, which hastened his death. The Board finds that the requirements for DIC under 38 U.S.C.A. § 1151 have been met and grants the appeal.
The deciding factor: The delay in the Veteran's cancer diagnosis was proximately caused by VA carelessness, contributing to a worse prognosis and hastening his death.
- Claimed conditions
- laryngeal cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2014
- Citation
- 1435780
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 1435780.
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 diabetes mellitus type II has been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the left lower extremity.,The Veteran's diabetes mellitus type II has also been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the right lower extremity.
- Granted
The Veteran's service connection claims for coronary artery disease, diabetes mellitus type II, and laryngeal cancer are granted due to presumed exposure to herbicide agents during his military service.
- Dismissed
The appeal for service connection for cause of death due to laryngeal cancer is dismissed as moot. The appeal for hypertension secondary to salivary gland injury is denied. Service connection for hypertension is granted based on the PACT Act presumption of herbicide exposure.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinion regarding the Veteran's laryngeal cancer and its connection to service, specifically Agent Orange exposure.
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