The Board denied the appellant's claim for an earlier effective date for service connection for the cause of her husband's death, finding that no evidence existed to support such a retroactive grant.
The deciding factor: The liberalizing amendment to 38 C.F.R. § 3.309(c) did not apply as the Board had previously determined that new and material evidence was insufficient to meet the requirements for presumptive service connection under this regulation.
- Claimed conditions
- atherosclerotic heart disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2003
- Citation
- 0332047
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 0332047.
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 Board granted service connection for multiple conditions, including a bilateral eye disability and cardiovascular conditions, based on the Veteran's in-service occupational exposures.
- Remanded (sent back)
The Board remands the claim for service connection for coronary artery disease, myocardial infarction, and atherosclerotic heart disease due to the interwoven issue of character of discharge.
- Partly granted
The Board granted service connection for diabetes mellitus type II, hypertension, and atherosclerotic heart disease based on presumed exposure to herbicides. Erectile dysfunction was also granted as secondary to the service-connected hypertension. Hand tremors were denied.
- Denied
The Board denied service connection for anxiety disorder, high blood pressure (hypertension), atherosclerotic heart disease, type II diabetes mellitus, and diabetic neuropathy of the bilateral upper and lower extremities. The effective date for service connection for bilateral hearing loss was also denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.