The Board denied the Veteran's claim for service connection for a brain tumor, finding no new and material evidence to reopen the case. The Veteran's previous denial was based on lack of probative evidence of the presence of the tumor in service or within the first post-service year, as well as a medical opinion that found no nexus with service.
The deciding factor: The new evidence did not relate to an unestablished fact necessary to substantiate the claim and instead merely confirmed the presence of the tumor or addressed a theory of entitlement considered in the prior decision.
- Claimed conditions
- brain tumor, meningioma of cavernous sinus abutting the right pons (brain mass/tumor)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2019
- Citation
- 19153635
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19153635.
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.
- Granted
The Veteran's lung cancer and brain tumor are granted service connection, while his basal cell carcinoma (claimed as multiple myeloma) is denied. The Board found no evidence of herbicide exposure in Guam or elsewhere during active duty.
- Dismissed
The Board has dismissed the appeals of the Veteran's claims for bilateral hearing loss, lumbar spine disability, and brain tumor as no longer pending due to the cancellation of hearings and the granting of service connection for a back disability.
- Remanded (sent back)
The Board has remanded the case due to inadequate exposure records and medical opinions, and because the issues of service connection for brain tumor, migraine headaches, and seizures are intertwined.
- Dismissed
The appeal is dismissed as moot because the Veteran's past due benefits were already awarded and no fees were withheld or paid, so there are no remaining disputes to be adjudicated.
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