The Board denied an earlier effective date for DIC benefits due to the appellant's failure to file a new claim prior to April 8, 2015. The appeal is based on the denial of her initial claim in September 2012 and subsequent decisions.
The deciding factor: The appellant did not submit a valid new claim for DIC benefits before April 8, 2015, which was when the AOJ received her facsimile submission with attachments from her representative. The Board found that the presumption of regularity attached to the September 2012 decision and could not be rebutted.
- Claimed conditions
- Pancreatic cancer, Left inguinal hernia, Constipation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2022
- Citation
- 22004949
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 22004949.
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 Veteran's GERD with constipation is rated at 30 percent effective September 3, 2024. Prior to this date, the rating was 10 percent.
- Remanded (sent back)
The Board has remanded the case due to a lack of opinion regarding whether the Veteran's IBS is related to his service, specifically Gulf War exposure. The VA will schedule an examination and provide an updated medical opinion.
- Granted
The Veteran is granted SMC at the (o) rate based on his service-connected disabilities, including PTSD and other conditions. He also meets the criteria for SMC at the (r)(1) level due to need for regular aid and attendance.
- Granted
The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) and basic eligibility for Dependents Education Assistance (DEA) is granted with an effective date of May 23, 2017.
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