The Board has denied DIC under 38 U.S.C. § 1151 for the cause of the Veteran’s death based on VA treatment, finding no fault on the part of VA.,The appeal is also remanded to obtain additional medical records from Huntington VAMC dating back to 1974.
The deciding factor: The Board found that there was no evidence of carelessness, negligence, or similar instance of fault by VA in providing treatment, and the Veteran's death was not caused by an event reasonably foreseeable.
- Claimed conditions
- Gastroesophageal cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2019
- Citation
- 19193998
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 19193998.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's death was caused by his exposure to herbicide agents, specifically Agent Orange. The Board found the evidence supported that his gastroesophageal cancer, which led to his death, was due to this exposure.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether exposure to contaminated water at Camp Lejeune is related to any current disabilities, including respiratory failure, bowel obstruction, gastroesophageal cancer, and prostate cancer.
- Denied
The Board found that the veteran's gastroesophageal cancer was not incurred or aggravated by his active service, including exposure to herbicides. As a result, the claim for service connection is denied.
- Granted
The Board has determined that the veteran's gastroesophageal cancer, which was due to exposure to herbicide agents during service, was the principal cause of his death. Therefore, service connection for the cause of the veteran's death is granted.
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