The Board denied the appellant's claim to reopen her DIC benefits under 38 U.S.C.A. § 1310 and § 1318, finding that new and material evidence had not been received.
The deciding factor: The newly submitted statements did not relate to an unestablished fact necessary to substantiate the claim or raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- Colon cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2004
- Citation
- 0406824
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 0406824.
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.
- Partly granted
The Board granted service connection for a lung disability and a bilateral foot disability based on new evidence, but denied service connection for bilateral hearing loss, hypertension, and colon cancer.
- Remanded (sent back)
The Board remands the claims for service connection for colon cancer and individual unemployability (TDIU) due to a duty to assist error, requiring further development of evidence related to toxic exposure activities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to ensure all reasonably raised theories of entitlement are developed, specifically regarding a direct service connection theory based on complaints in the Veteran's service treatment records.
- Remanded (sent back)
The Board remands the claims for service connection for brain tumor, prostate cancer, colon cancer, and bilateral carpal tunnel syndrome due to inadequate medical opinions regarding toxic exposure.
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