The Veteran's death was not due to a service-connected disability and/or otherwise attributable to his military service, leading to the denial of DIC for the cause of the Veteran’s death under 38 U.S.C. § 1151 and accrued benefits for gastrointestinal cancer.
The deciding factor: VA treatment records show that the Veteran was diagnosed with stomach cancer but initially misdiagnosed as esophageal cancer, leading to delayed diagnosis and treatment. The VA examiner concluded there was no evidence of negligence or basis for the treatment causing the Veteran's death.
- Claimed conditions
- Gastric cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 23, 2020
- Citation
- 20020751
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. Read the original VA decision (opens in a new tab) using citation 20020751.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board granted service connection for the cause of the Veteran's death, finding that his gastric cancer was at least as likely as not related to in-service exposure to herbicide agents.
- Whole decision: Granted
The Board granted service connection for the cause of the Veteran's death, attributing it to gastric cancer that was linked to Agent Orange exposure during his military service.
- Whole decision: Remanded (sent back)
The Board remands the claim for service connection for cause of death due to gastric cancer, as a new medical opinion is required to address toxic exposures other than Agent Orange.
- Whole decision: Granted
The Veteran's death was caused by his in-service asbestos exposure, leading to gastric cancer. The Board granted service connection for the cause of the Veteran's death.
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