The Veteran's claims for compensation under 38 U.S.C. § 1151 for hysterectomy and breast surgery residuals are denied as there is no persuasive evidence of misdiagnosis or improper treatment resulting in the conditions.
The deciding factor: The medical records do not support the Veteran's assertions that she was misdiagnosed with cervical cancer, nor does it indicate that she had breast cancer. The diagnoses were made based on clinical findings and subsequent biopsy results.
- Claimed conditions
- Cervical Cancer, Breast Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 2, 2024
- Citation
- 24005364
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 24005364.
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: Remanded (sent back)
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.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's claims for service connection for cervical cancer and hysterectomy as secondary to cervical cancer have been granted. The claim of increased rating for acne has been dismissed.
- Whole decision: 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.
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