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 Board found that the appellant's husband died from esophageal cancer caused by negligent treatment at VA facilities, and thus granted DIC benefits under 38 U.S.C. § 1151. Since this benefit treats the cause of death as service-connected, there is no remaining issue to establish service connection for the cause of death.
- 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
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted service connection for the cause of death due to esophageal cancer, which is presumed to be related to exposure to herbicide agents during service in Vietnam.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's prostate disability. The claims for esophageal cancer and Barrett's esophagus remain denied.
- Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to notify and duty to assist errors in denying the DIC claim for the cause of the Veteran's death. The claim must be remanded to allow the AOJ to make a finding regarding whether the Appellant is considered the surviving spouse, as this is a threshold requirement for DIC benefits.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
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