The Board denied an earlier effective date for dependency and indemnity compensation benefits, finding that the liberalizing legislation adding colon cancer to the list of presumptive diseases did not affect the effective date as it was granted on March 26, 2002.
The deciding factor: The effective date could not be earlier than March 26, 2002 due to the liberalizing legislation that added colon cancer to the list of diseases for which service connection could be granted on a presumptive basis in a radiation-exposed veteran.
- Claimed conditions
- Colon cancer, Degenerative arthritis of multiple joints, Postoperative residuals of left total hip replacement with impairment of the femur, Herniated nucleus pulposus of the lumbar spine, Prostatitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- September 14, 2007
- Citation
- 0728915
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 0728915.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for increased ratings for his service-connected colon cancer disability, finding that there is inadequate evidence to support a compensable rating prior to March 23, 2021 and no increase in rating thereafter.
- Granted
The Veteran's claim for service connection for colon cancer has been granted due to new and relevant evidence received since the previous denial. The Board finds that the Veteran's current disability is a condition that had its onset during his military service.
- Granted
The Board has restored a 20 percent rating for prostatitis, effective September 25, 2020, as the reduction was improper due to an inadequate VA examination.
- Granted
The Veteran's claim for an increased rating for residuals of colon cancer is granted, with a new rating of 30 percent effective December 1, 2024. The claims for ratings in excess of 10 percent for two painful scars and for compensable ratings for four remaining scars are denied.
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