The Board granted compensation under 38 U.S.C. § 1151 for stomach cancer, finding that VA failed to properly diagnose and treat the disorder, leading to its advanced stage at diagnosis.
The deciding factor: VA's failure to timely diagnose and provide appropriate treatment resulted in additional disability by worsening the Veteran's stomach cancer to a more advanced stage than it would have been if proper care had been provided.
- Claimed conditions
- stomach cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 16, 2024
- Citation
- 24031826
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the appeal for service connection for diabetes, glaucoma, left foot and toe tingling and numbness sensation, left hand and fingers tingling and numbness sensation, right foot and toe tingling and numbness sensation, right hand and fingers tingling and numbness sensation, and stomach cancer as moot.
- Partly granted
Service connection for prostate cancer on an accrued basis was granted based on the benefit-of-the-doubt doctrine, finding competent and credible evidence at least approximately balanced between service-connected prostatitis and prostate cancer. Service connection was denied for stomach cancer, colon cancer, skin cancer, the Veteran's cause of death, and dependency indemnity compensation benefits.
- Partly granted
The Board denied service connection for gastrointestinal cancer other than esophageal cancer and stomach cancer, brain cancer, and prostate cancer. The issues of entitlement to service connection for esophageal cancer, metastatic esophageal cancer, lung cancer, stomach cancer, and liver cancer were remanded.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for stomach cancer due to pre-decisional duty to assist errors, including the need to obtain VistA images and an adequate medical opinion.
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