The veteran's claim for retroactive waiver of military retired pay in favor of VA disability compensation prior to July 1, 2000 was denied as there was no evidence of an informal claim or new and material evidence presented.
The deciding factor: The veteran did not present any new evidence that would change the outcome of his case, which was based on the original service-connected conditions without additional claims for compensation benefits.
- Claimed conditions
- radial nerve paralysis, splenectomy, granulomatous disease, heart block, laceration of the liver, multiple scars, fracture of the right humerus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2007
- Citation
- 0728352
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 0728352.
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 decided to remand the case due to insufficient consideration of secondary service connection for coronary artery disease (CAD) related to the Veteran's service-connected foot disability and depression.
- Granted
The Veteran's claim for service connection for CAD, heart block, and coronary artery bypass graft was granted with an effective date of January 9, 1998.
- Denied
The Veteran's service-connected conditions do not prevent him from securing substantially gainful employment, and therefore TDIU is denied.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a more thorough examination, including METs testing, and consideration of his testimony at the Board hearing.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.