The Veteran's claim for compensation under 38 U.S.C. § 1151 for throat cancer, claimed as due to VA treatment, is denied because there is no indication that the Veteran sustained additional disability in the form of throat cancer or residuals resulting from throat cancer as due to carelessness, negligence, lack of proper skill, error in judgment, or some other instance of fault on the part of VA.
The deciding factor: The delay in diagnosing and treating the Veteran's throat cancer was caused by the Veteran himself, who chose to cancel his scheduled surgery and failed to seek follow-up treatment. The Board finds that any negligence or improper delay in diagnosis/treatment is not attributable to VA.
- Claimed conditions
- throat cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 19, 2020
- Citation
- 20027207
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 20027207.
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: Denied
The Board denied the appellant's request for direct payment of attorney fees based on past-due benefits awarded in an April 2025 rating decision, as the decision was not a result of a valid appeal and did not award any past-due benefits.
- Whole decision: Denied
The Veteran's claim for service connection for lung cancer is denied. The claim for throat cancer is granted, and the Veteran is awarded a TDIU rating prior to August 10, 2022.
- Whole decision: Denied
The Board has denied the Veteran's claim for service connection for tonsillar cancer (claimed as throat and respiratory cancer) due to a lack of evidence showing that his condition began during active service or is related to an in-service injury or disease, including presumed exposure to herbicide agents and contaminated water at Camp Lejeune.
- Whole decision: Dismissed
The Veteran's appeal for throat cancer service connection was dismissed due to their death during the appeal process.
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