The Board denied compensation under 38 U.S.C. § 1151 for residuals of breast cancer, finding that the Veteran's cancer was not caused by VA's carelessness or negligence and that there is no evidence to suggest an unforeseeable event.
The deciding factor: The medical opinion found that the timing of the diagnosis was not the proximate cause of any additional disability and concluded that the standard of care was met in the Veteran's case.
- Claimed conditions
- Breast Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2023
- Citation
- 23062563
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 23062563.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claims for PTSD, infertility, osteopenia, and breast cancer are being remanded due to the need for further development.,Entitlement to a higher rating for PTSD is denied.
- Partly granted
The Board denied the Veteran's claim for an initial compensable rating for hypertension and remanded claims for service connection for atopic dermatitis, breast cancer, and depression as secondary to breast cancer.
- Remanded (sent back)
The Board has decided that the Veteran is entitled to a remand for an addendum medical opinion regarding her claim for compensation under 38 U.S.C. § 1151 for residuals of a double mastectomy, as she contends that VA negligence led to her breast cancer and subsequent mastectomy.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and for an examination, as well as for opinions on the relationship between the Veteran's service-connected diabetes and his diagnosed breast cancer.
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