The Board found that the Veteran's death was not caused by VA negligence and denied both service connection for cause of death and compensation under 38 U.S.C.A. § 1151.
The deciding factor: A February 2013 VA medical opinion concluded that there was no objective evidence of carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault by VA in the Veteran's treatment for stomach cancer.
- Claimed conditions
- carcinoma of the stomach
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2015
- Citation
- 1523544
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 1523544.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's death is due to his service-connected coronary artery disease, which is presumed related to herbicide exposure during temporary duty trips to Vietnam.
- Denied
The Board denied the reopening of a claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, including medical records that did not provide a nexus between the Veteran's presumed exposure to Agent Orange and his death.
- Denied
The Veteran's service connection claim for carcinoma of the stomach was denied as there were no in-service manifestations or chronic symptoms post-service, and the condition is not presumed to be related to herbicide exposure.
- Remanded (sent back)
The Veteran is seeking service connection for stomach cancer, which they believe was caused by herbicide exposure during their time in the Republic of Vietnam. The case has been remanded to obtain a supplemental opinion from the VA examiner regarding whether it is at least as likely as not that the cancer is related to service and any potential exposure to defoliants or aircraft fuel.
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