The Board denied the Veteran's claim for an earlier effective date for service connection of chronic lymphocytic leukemia (leukemia) due to lack of new and material evidence within one year of notification of the December 2006 rating decision, which is considered final.
The deciding factor: The VA treatment records dated within one-year of notification of the December 2006 rating decision did not constitute new and material evidence that required readjudication under 38 C.F.R. § 3.156(b).
- Claimed conditions
- chronic lymphocytic leukemia (leukemia)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 16, 2023
- Citation
- 23010076
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 23010076.
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 service connection for leukemia has been granted. The issues of bilateral hearing loss and an increased evaluation for persistent depressive disorder are remanded.
- Whole decision: Denied
The Veteran's claim for an earlier effective date for service connection of chronic lymphocytic leukemia (leukemia) is denied because the December 2006 rating decision was not appealed within one year and thus became final. The Board found no evidence to rebut the presumption of regularity regarding notification.
- Whole decision: Denied
The Board denied an earlier effective date for the award of service connection for chronic lymphocytic leukemia (leukemia) because the earliest possible communication that could be construed as a claim was received by VA on August 31, 2015. The December 2006 rating decision is final and the award of service connection for leukemia is based upon the August 31, 2015 request to reopen the previously denied claim.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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