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 assigned
- None in this decision
- Decision date
- April 25, 2008
- Citation
- 0813737
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 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.
- 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.
- Remanded (sent back)
The Board has remanded the case for further development regarding service connection for the cause of the Veteran’s death, including claims related to radiation exposure as a dental technician in service, herbicide exposure during service on USS Providence, and asbestos exposure while serving aboard the ship. The claim will be reviewed based on these new findings.
- Denied
The Board denied the veteran's claim for service connection for the cause of his death due to esophageal and gastric cancer, finding that there was no evidence linking these conditions to his military service or presumed Agent Orange exposure.
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