The Board denied compensation under 38 U.S.C. � 1151 for coronary artery disease, gastroesophageal reflux disorder (GERD), chronic obstructive pulmonary disorder (COPD), and degenerative disc disease of the lumbar spine as these conditions were not shown to be caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during treatment for lung cancer.
The deciding factor: The evidence did not show that the Veteran's additional disabilities resulted from carelessness, negligence, lack of proper skill, error in judgment, or a reasonably foreseeable event related to his VA treatment for lung cancer.
- Claimed conditions
- coronary artery disease, gastroesophageal reflux disorder (GERD), chronic obstructive pulmonary disorder (COPD), degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001627
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
- Partly granted
The Board granted service connection for tinnitus, remanded claims for obstructive sleep apnea (OSA), gastroesophageal reflux disorder (GERD), a mental health condition, and increased ratings for the Veteran's knee strain and scoliosis.
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