The Board has granted service connection for the cause of death due to colon cancer that was aggravated by the Veteran's service-connected diabetes mellitus, type II.
The deciding factor: The Federal Circuit in Spicer v. McDonough held that 38 U.S.C. § 1110 provides compensation when a service-connected disease or injury is a but-for cause of a present-day disability, including for aggravation of non-service-connected disabilities. The Board found the negative nexus opinion without probative value due to its failure to comply with the standard set forth in Spicer.
- Claimed conditions
- colon cancer, diabetes mellitus, type II
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2023
- Citation
- 23023886
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 23023886.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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