The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding no new and material evidence since the last final September 1988 rating decision.
The deciding factor: No new and material evidence was submitted that could substantiate the claim for service connection for the cause of the veteran's death.
- Claimed conditions
- septicemia, metastatic sarcoma, rhabdomyosarcoma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 14, 2004
- Citation
- 0407326
Veterans Law Judge
Decisions by this judge: 832 · Granted: 18% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0407326.
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: Denied
The Board denied DIC and survivors' pension benefits due to the lack of evidence linking septicemia to service, and because the Appellant's income exceeded the maximum annual pension rate.
- Whole decision: Granted
The Veteran's cause of death, metastatic sarcoma and spindle cell tumor with prostate cancer as a contributing factor, is related to his exposure as a firefighter during active military service. The Board has granted entitlement to service connection for the cause of death.
- Whole decision: Denied
The Board denied service connection for the cause of death, finding no evidence that the Veteran's metastatic sarcoma was related to his military service.
- Whole decision: Remanded (sent back)
The Board has remanded several issues for further development, including service connection claims and rating determinations. The Veteran's TDIU claim is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.