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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23010076.
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 service connection for leukemia has been granted. The issues of bilateral hearing loss and an increased evaluation for persistent depressive disorder are remanded.
- 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.
- 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.
- 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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