The Board denied the Veteran's request for an effective date before January 16, 2015 for the award of compensation under 38 U.S.C. § 1151 because the earliest nonfinal claim was her formal claim on January 16, 2015.
The deciding factor: The Board found that the Veteran's federal tort claim did not constitute a claim for veterans' disability benefits and thus could not be combined with her section 1151 claim. The effective date is determined by when VA receives the formal claim, which was January 16, 2015.
- Claimed conditions
- rectal cancer, adjustment disorder with depressed and anxious mood, colostomy with J-pouch, bilateral upper and lower extremity neuropathy, metastatic colon cancer to the liver, complex incisional hernia, abdominal wall reconstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 17, 2022
- Citation
- 22028969
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 22028969.
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 rectal cancer is related to his active duty service and exposure to Agent Orange. The Board granted service connection for the condition.
- Whole decision: Denied
The Board denied service connection for rectal cancer and the cause of the Veteran's death, finding that there was no evidence linking these conditions to service or a service-connected disability.
- Whole decision: Denied
The Board denied service connection for colorectal cancer, finding that the evidence did not establish a chronic condition in service or a relationship to service.
- Whole decision: Granted
The Board has determined that the Veteran's rectal cancer is related to his presumed in-service exposure to herbicides, specifically Agent Orange. The decision grants service connection for this condition.
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