BVA Case 00-7171: Anxiety

In the first decision (Decision 1), the Board denied the appellant's claim for an effective date earlier than January 2, 1997, for his service-connected disorder of the larynx, including laryngeal carcinoma.

In the second decision (Decision 2), the Board found that neither the December 1985 BVA decision denying the appellant's claim for service connection for a chronic disorder of the larynx nor the Board's November 1987 decision denying his claim on reconsideration was the product of clear and unmistakable error (CUE).

In December 1985, the Board denied service connection for a chronic disability of the larynx.

The Board found that the veteran's laryngeal carcinoma was first manifested to a compensable degree many years after his separation from service and that this disability, including laryngeal carcinoma, was not shown to be causally related to a disease or injury of service origin.

The Board noted that because the veteran's condition was not one of the conditions afforded presumptive service connection in, or otherwise encompassed by, Public Law 97-37, that law was not applicable to the veteran's claim.

In July 1986, the RO determined that new and material evidence had not been submitted to reopen the claim.

In the two BVA decisions here on appeal, the Board found that an effective date prior to January 2, 1997, was not warranted on a direct basis, or on the basis of CUE in the 1985 or 1987 BVA decisions.

7105(b)(1), that decision becomes final and the claim may not thereafter be reopened or allowed, except upon the submission of new and material evidence.