The Board denied the appellant's petitions to reopen claims for service connection for the veteran's cause of death, entitlement to Dependents' Educational Assistance (DEA), and entitlement to accrued benefits due to a lack of new and material evidence.
The deciding factor: None of the newly submitted evidence related to an unestablished fact necessary to substantiate any of the reopened claims, nor did it raise a reasonable possibility of substantiating them.
- Claimed conditions
- squamous cell carcinoma of the tongue
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2008
- Citation
- 0809985
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an earlier effective date of February 1, 2021, for the award of service connection for squamous cell carcinoma of the tongue and related disabilities.
- Partly granted
The Board granted service connection for squamous cell carcinoma of the tongue and assigned a 20 percent evaluation, but denied service connection for osteoporosis, spinal stenosis, neurocognitive disorder with Alzheimer's, hypertension, and TDIU.
- Granted
The veteran's claim for service connection of squamous cell carcinoma of the tongue is granted. The decision was based on evidence showing that the cancer is related to in-service exposures to Agent Orange and asbestos.
- Partly granted
The Board granted service connection for squamous cell carcinoma of the tongue and its secondary conditions, but dismissed the appeal for other issues due to withdrawal by the Veteran.
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