The Board denied the appellant's application to reopen her claim of service connection for the cause of the Veteran’s death, finding that new and material evidence had not been received.
The deciding factor: The additional evidence submitted since the final March 1996 rating decision was cumulative and did not relate to an unestablished fact necessary to substantiate the claim.
- Claimed conditions
- mental status, cancer of the floor of the mouth, supraglottic larynx, neck
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- 19131164
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.
- Dismissed
The appeal was dismissed due to the death of the appellant, and no substitute has been filed within the required timeframe.
- Dismissed
The Veteran's appeal for increased ratings and service connection was dismissed due to a late filing.
- Dismissed
The veteran's appeal was dismissed due to the untimely filing of the Board Appeal request.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to incomplete records and the need for an advisory medical opinion regarding the nature and etiology of his head, neck, and rib disabilities.
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