The Board denied the appellant's claims to reopen service connection for the cause of death and dependency and indemnity compensation under 38 U.S.C.A. § 1318, as new and material evidence was not received.
The deciding factor: The additional evidence did not relate the veteran's rectal adenocarcinoma or gastric carcinoma to his service or a service-connected disability, including his service-connected psychiatric disorder with gastrointestinal symptoms.
- Claimed conditions
- rectal adenocarcinoma, gastric carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 25, 2008
- Citation
- 0813737
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (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 0813737.
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: Remanded (sent back)
The Board has remanded the case for further development, including obtaining medical opinions regarding the etiology of the Veteran's rectal disorder and colon disorders. The focus is on whether these conditions are related to service or if they are aggravated by a pre-existing condition.
- Whole decision: Partly granted
The Board granted service connection for erectile dysfunction as secondary to the Veteran's service-connected PTSD and denied an earlier effective date for sleep apnea. The claims for service connection for migraine headaches and rectal adenocarcinoma were remanded.
- Whole decision: Dismissed
The veteran's appeal for service connection for chronic obstructive pulmonary disease and rectal adenocarcinoma was dismissed due to a late filing of the Board Appeal request.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to conflicting opinions regarding whether the Veteran's major depressive disorder with psychotic features contributed to his cause of death. The VA will need to obtain additional medical opinions to address this issue.
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