The Veteran's additional disabilities, including stomach and urinary tract problems resulting from a VA surgical treatment for esophageal cancer in January 2011, are not considered to be proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. Therefore, compensation under 38 U.S.C. § 1151 is denied.
The deciding factor: The evidence does not establish that the Veteran's additional disabilities were proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
- Claimed conditions
- esophageal adenocarcinoma, stomach problems, urinary tract problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2020
- Citation
- 20078946
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 20078946.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for the cause of death due to esophageal adenocarcinoma, which was linked to presumed herbicide agent exposure during service.
- Remanded (sent back)
The Board remands the case to obtain an adequate medical opinion regarding the link between the Veteran's esophageal adenocarcinoma and his exposure to Agent Orange during service.
- Remanded (sent back)
The Board remands the claim for service connection for stomach problems due to an inadequate VA examination and the need for a full gastrointestinal diagnostic evaluation.
- Granted
The Board granted service connection for esophageal adenocarcinoma based on the Veteran's exposure to contaminants in the water supply at Camp Lejeune during active service.
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.