The Board denied the claim of service connection for the cause of the veteran's death in March 2003. The appellant submitted new evidence since then, but it was found to be cumulative and not material to the claim.
The deciding factor: The new evidence did not relate to an unestablished fact necessary to substantiate the claim.
- Claimed conditions
- Acute respiratory failure, Retained secretion, Pneumonia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 11, 2008
- Citation
- 0808159
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 0808159.
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: Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for cause of death.
- Whole decision: Denied
The Board denied service connection for the cause of the Veteran's death, finding that none of the listed causes were related to his military service and no service-connected disability contributed to his death.
- Whole decision: Denied
The Board has denied the Veteran's claim for service connection for cause of death due to acute respiratory failure and subdural hematoma, finding that no service-connected disability contributed substantially or materially to his death. The Veteran served in Vietnam but there is no evidence of a service-connected condition related to Agent Orange exposure.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's cause of death (acute respiratory failure, atrial fibrillation, and/or hypertension) is related to his active duty service, including from exposure to toxins and chemicals from open burn pits during the harsh winters in Korea. The Board finds a pre-decisional duty to assist error and remands for obtaining a VA medical opinion.
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