The Board denied the appellant's request for an earlier effective date of September 29, 1995, for service connection for the cause of her husband's death due to congestive heart failure (a presumptive disease for POWs). The appeal is dismissed as there is no entitlement under the law to the benefit sought.
The deciding factor: The appellant did not file a claim within one year of her husband's death, and the January 1996 rating decision denying service connection was final. As such, an earlier effective date cannot be granted for reopened claims based on new and material evidence.
- Claimed conditions
- Congestive heart failure
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 21, 2000
- Citation
- 0025113
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. Search VA.gov for the original decision (opens in a new tab) using citation 0025113.
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 claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Whole decision: Granted
The Veteran is granted SMC at the (r)(1) rate due to his service-connected major depressive disorder and congestive heart failure, which require regular aid and attendance.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's heart conditions may be related to his service-connected sleep apnea and/or generalized anxiety disorder, but further examination is needed to determine causation.
- Whole decision: Granted
The Veteran's coronary artery disease (CAD) is related to his service-connected hypertension, and the Board has granted service connection for CAD as secondary to hypertension.
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