The Board denied the claim for an earlier effective date for DIC benefits, finding that a January 2011 VA determination denying service connection for the cause of the Veteran's death is final and that the appellant did not submit new and material evidence within one year of that decision. The appeal was based on her submission to VA in January 2016 as an application to reopen the previously denied claim.
The deciding factor: The Board found no basis under applicable VA law for earlier benefits sought, given the finality of the January 2011 determination and lack of timely notice of disagreement or new and material evidence submitted within one year of that decision.
- Claimed conditions
- Acute Myelogenous Leukemia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 28, 2018
- Citation
- 1812499
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. Read the original VA decision (opens in a new tab) using citation 1812499.
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: Granted
The Veteran's cause of death is granted due to exposure to herbicide agents in Vietnam, which are presumed to be related to the development of myelodysplastic syndrome and acute myelogenous leukemia.
- Whole decision: Denied
The Veteran's request for special monthly compensation (SMC) based on housebound criteria prior to March 18, 2016, or from August 1, 2016, is denied as he did not meet the schedular rating criteria for SMC housebound due to his service-connected disabilities.
- Whole decision: Granted
The Veteran's service connection for Acute Myelogenous Leukemia and Myelodysplastic Syndrome is granted with an effective date of February 28, 2014. The rating assigned is 10%.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further evidentiary development, including a Gulf War medical examination.
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