The Board denied the appellant's claims for DIC benefits under 38 U.S.C.A. § 1151 and dependents' educational assistance pursuant to Chapter 35 of Title 38, United States Code. The Board found that there was no clear and unmistakable error in the April 1954 RO rating decision regarding service connection for a psychiatric disability or any other condition. Additionally, the Board determined that the veteran's death did not result from VA medical care.
The deciding factor: The Board concluded that the veteran’s atrial valve replacement surgery at VA was not the proximate cause of his death in August 1997 and that there was no evidence showing VA fault leading to the veteran's death. The Board also noted that the veteran did not have a permanent and total service-connected disability.
- Claimed conditions
- Chronic bronchitis, Atrial fibrillation, Congestive heart failure, Right hand traumatic amputation of three fingers, Gunshot wound to left knee
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 14, 2004
- Citation
- 0409701
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0409701.
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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