The veteran's claim for a 100% rating for coronary artery disease with hypertension was granted in December 2000, effective October 13, 2000. The appellant is seeking an earlier effective date based on clear and unmistakable error (CUE) in the initial decision of December 1986. However, due to the law disallowing accrued benefits for a deceased veteran's CUE claim, the appeal is denied.
The deciding factor: The appellant does not have standing to request review of a decision affecting the disability benefits of a deceased veteran on grounds of CUE.
- Claimed conditions
- coronary artery disease with hypertension
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 7, 2003
- Citation
- 0330905
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 0330905.
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.
- Dismissed
The Veteran's appeals for service connection were dismissed due to his death.
- Denied
The Veteran's claim for SMC based on the highest level of aid and attendance was denied as he does not meet the legal criteria for such benefit under 38 U.S.C. § 1114 (r).
- Dismissed
The appeal is dismissed due to the appellant's death, and no effective date prior to May 5, 2015 for the 100 percent evaluation of hypertensive heart disease (previously rated as coronary artery disease with hypertension) can be granted.
- Granted
The Veteran's appeal for restoration of a 30 percent rating for service-connected diabetic nephropathy from February 3, 2004 is granted. The appeals for increased ratings for coronary artery disease with hypertension and more than a 10 percent rating for service-connected diabetic retinopathy are remanded.
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