The Board denied the appellant's claim to reopen her service connection for cause of death, finding that no new and material evidence had been submitted.
The deciding factor: No new and material evidence was provided to support a reopening of the claim for service connection for cause of death.
- Claimed conditions
- septic shock, aspiration pneumonia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 25, 2008
- Citation
- 0802946
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 0802946.
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: Remanded (sent back)
The Board has determined that a remand is necessary to correct a pre-decisional duty to assist error and obtain a new medical opinion regarding the relationship between the Veteran's service, his death, and any service-connected disabilities.
- Whole decision: Denied
The Board denied service connection for the cause of death due to lack of evidence showing a link between any service-connected disability and the Veteran's death. The conditions listed on his death certificate were not related to his military service.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any of the immediate or contributing causes of his death to his period of active duty service. The Board also found that the PACT Act did not apply in this case as the Veteran served prior to the period when herbicide agents were presumed used.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for cause of death and entitlement to Dependency and Indemnity Compensation due to a duty to assist error related to toxic exposure risk activities (TERA) participation during service.
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