The Veteran's death was not caused by VA medical treatment, and the preponderance of evidence does not support a finding that VA provided carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault. The Board denied entitlement to compensation under 38 U.S.C. § 1151 for additional disability resulting from VA treatment.
The deciding factor: The Veteran's death was not caused by VA medical treatment and the preponderance of evidence does not support a finding that VA provided carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault.
- Claimed conditions
- non-small cell lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 25, 2021
- Citation
- 21065109
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 21065109.
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: Dismissed
The Veteran's appeals for service connection were dismissed due to their death. The claims for adjustment disorder with depressed mood and alcohol use disorder in early remission, as well as non-small cell lung cancer, are now closed.
- Whole decision: Dismissed
Your appeal for service connection for non-small cell lung cancer has been dismissed because the appellant died during the pendency of your appeal.
- Whole decision: Remanded (sent back)
The Board remands the claim for service connection for cause of death to correct a pre-decisional duty to assist error related to the Veteran's exposure to contaminated water at Camp Lejeune.
- Whole decision: Partly granted
The Board granted an effective date of April 17, 1968 for the establishment of service connection for TBI and headaches, and granted service connection for cause of death.
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