The appeal for service connection for colon cancer due to herbicide exposure was dismissed as the March 2010 decision became final and no rating decision addressed the issue within one year prior to the January 2022 Notice of Disagreement.
The deciding factor: The March 2010 Supplemental Statement of the Case, stemming from an April 2006 rating decision, became final; no rating decision addressed the issue within one year prior to the January 2022 NOD; and no Statement of the Case or Supplemental Statement of the Case addressed it within the period for opting a Legacy appeal into the modernized system.
- Claimed conditions
- colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072881
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection of colon cancer, claimed as due to exposure to asbestos, for an addendum opinion considering additional evidence.
- Denied
The Board denied service connection for colon cancer as the evidence did not support a link between the Veteran's current condition and their in-service toxic exposure risk activity.
- Remanded (sent back)
The Board remands the service connection claim for colon cancer to obtain a medical opinion on its etiology, particularly regarding exposure to contaminated water at Camp Lejeune.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the claims.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.