The Board denied DIC under 38 U.S.C. § 1151, finding that the Veteran's death was not caused by VA carelessness or negligence and did not result from an event reasonably foreseeable.
The deciding factor: VA treatment did not cause the Veteran’s squamous cell carcinoma of the head and neck, which led to his death, and there was no evidence of VA negligence in prescribing asthma medication.
- Claimed conditions
- squamous cell carcinoma of the head and neck
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 8, 2020
- Citation
- 20038972
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 20038972.
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 Veteran's lymphoma and scar have been granted effective dates of August 23, 2018. The Veteran is service-connected for his lymphoma with an initial noncompensable rating, and the RO has not assigned a compensable rating for his scar.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for malignant neoplasm of lymph nodes of the head, face, neck and squamous cell carcinoma of the head and neck to obtain an adequate medical opinion regarding their etiology.
- Whole decision: Remanded (sent back)
The Veteran's death is being remanded due to the need for a VA medical opinion regarding whether his cause of death, ischemic heart disease and hypertension, are service-connected. Additionally, the burial benefits claim is inextricably intertwined with these issues.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to the need for an opinion regarding the causal relationship between the Veteran's cancers and his herbicide agent exposure in service, as well as the cause of death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.