The Board denied the Veteran's request for an earlier effective date than January 9, 2017 for service connection of chronic lymphocytic leukemia (CLL) due to a clear and unmistakable error. The claim was reopened on January 9, 2017 based on new evidence showing a diagnosis of CLL.
The deciding factor: The Board found that there were no prior unadjudicated claims for service connection for CLL and the request to reopen the claim was received after the April 2015 denial. Therefore, an earlier effective date is not warranted.
- Claimed conditions
- chronic lymphocytic leukemia (CLL)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074243
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.
- Granted
The Board granted an earlier effective date of April 5, 2011, for the grant of service connection for chronic lymphocytic leukemia (CLL) and an initial rating of 100 percent from that date to April 26, 2013.
- Granted
The Board granted service connection for chronic lymphocytic leukemia (CLL) based on the Veteran's participation in toxic exposure risk activities during service.
- Remanded (sent back)
The Board remands the claim for service connection for chronic lymphocytic leukemia to correct duty to assist errors that occurred prior to the August 2024 rating decision.
- Granted
The Board granted service connection for chronic lymphocytic leukemia, resolving reasonable doubt in favor of the Veteran.
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