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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 21065109.
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.
- 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.
- 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.
- 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.
- 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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