The Board denied the claim for an earlier effective date for service connection for the cause of the Veteran's death, finding that since the grant was based on a liberalizing regulation adding colon cancer to presumptive diseases associated with radiation exposure, no earlier effective date is possible.
The deciding factor: Service connection for the cause of the Veteran's death was granted under the new provisions of subsection 3.309(d), which added colon cancer as a presumptive disease due to radiation exposure. As such, an earlier effective date cannot be granted based on this specific regulation.
- Claimed conditions
- Colon cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- August 10, 2017
- Citation
- 1732403
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 1732403.
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 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.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the cause of the Veteran's death, specifically concerning his bladder cancer and other cancers allegedly caused by exposure to contaminated water at Camp Lejeune.
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