The Board denied the Veteran's claim for benefits under 38 U.S.C. § 1151 because VA did not fail to timely diagnose or treat her breast cancer, and there was no evidence of negligence in providing treatment.
The deciding factor: VA met its standard of care by taking appropriate steps to examine, locate, diagnose, and treat the Veteran's right breast as soon as abnormalities were evident.
- Claimed conditions
- Breast Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 18, 2020
- Citation
- 20074115
Veterans Law Judge
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. Read the original VA decision (opens in a new tab) using citation 20074115.
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: Remanded (sent back)
The Veteran's claims for PTSD, infertility, osteopenia, and breast cancer are being remanded due to the need for further development.,Entitlement to a higher rating for PTSD is denied.
- Whole decision: Partly granted
The Board denied the Veteran's claim for an initial compensable rating for hypertension and remanded claims for service connection for atopic dermatitis, breast cancer, and depression as secondary to breast cancer.
- Whole decision: Remanded (sent back)
The Board has decided that the Veteran is entitled to a remand for an addendum medical opinion regarding her claim for compensation under 38 U.S.C. § 1151 for residuals of a double mastectomy, as she contends that VA negligence led to her breast cancer and subsequent mastectomy.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and for an examination, as well as for opinions on the relationship between the Veteran's service-connected diabetes and his diagnosed breast cancer.
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