The Board has granted DIC benefits for the cause of the Veteran's death due to VA carelessness, negligence, or lack of proper skill. The appeal for service connection for the cause of the Veteran’s death is dismissed as moot since DIC already treats it as if it was service-connected.
The deciding factor: The appellant contends that her husband's death was caused by negligent treatment provided by VA medical professionals at VAMCs in Asheville, North Carolina, and Salisbury, North Carolina. The Board found no evidence to support the claim of negligence and dismissed the appeal for service connection as moot due to the granted DIC benefits.
- Claimed conditions
- esophageal cancer, dysphagia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178577
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for the Veteran's cause of death to correct predecisional duty to assist errors, including obtaining additional records and a medical nexus opinion.
- Partly granted
The Board denied service connection for dysphagia and remanded the claims for residuals from a colon tumor, gallbladder removal, papillary urethral carcinoma, and heart disability due to potential exposure to herbicide agents and ionizing radiation.
- Granted
The Veteran's esophageal cancer is granted service connection due to herbicide exposure during his service in the Republic of Vietnam.
- Granted
The Veteran's dysphagia, diaphragmatic hernia without obstruction or gangrene, and GERD were granted a 30 percent rating from June 30, 2022.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.