The Board denied an earlier effective date for the grant of service connection for the cause of the veteran's death, finding that the liberalizing provisions were effective as of March 26, 2002.
The deciding factor: The RO found that the appellant did not file a notice of disagreement to initiate an appeal from prior rating decisions and thus those decisions became final. The effective date for the award of service connection was fixed at March 26, 2002 due to the liberalizing provisions made to 38 C.F.R. § 3.309(d).
- Claimed conditions
- Meningitis, Oat cell carcinoma of the lung
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- April 14, 2005
- Citation
- 0510701
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 0510701.
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.
- Remanded (sent back)
The Board has dismissed the appeal for a disability rating in excess of 10 percent for meningitis. The appeals for increased ratings for left ankle, right ankle, and left shoulder disabilities are REMANDED.
- Dismissed
The Veteran's appeal for compensation under 38 U.S.C. § 1151 for meningitis secondary to surgery left craniotomy has been dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board has denied service connection for meningitis as the evidence does not support a finding that it is related to service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete or inadequate etiology opinions. The Veteran is required to undergo VA examinations to determine the etiology of his claimed conditions, including meningitis and back disability.
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