The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to polymyositis resulting from VA treatment, finding that service connection was decided on the merits and not involving a presumption or new evidence.
The deciding factor: The decision is based on the fact that the appeal does not involve a presumption (PACT Act, Agent Orange/Camp Lejeune) or new evidence (new and material), but rather focuses on whether the claim falls under direct service connection criteria.
- Claimed conditions
- polymyositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 19, 2008
- Citation
- 0809293
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 0809293.
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 Veteran's claims for service connection for polymyositis and antisynthetase syndrome are remanded due to the submission of new evidence, including a TERA memo. A VA examination is required to assess whether these conditions are related to his military service, specifically his participation in a toxic exposure risk activity (TERA).
- Whole decision: Dismissed
The Veteran withdrew his appeals for service connection of lipomas, scleroderma, and polymyositis.
- Whole decision: Granted
The Board has granted service connection for anti-synthetase syndrome (ASSD) and its associated conditions including interstitial pulmonary fibrosis, polymyositis, rheumatoid arthritis, and Raynaud's syndrome. The decision also grants secondary service connection for these conditions as they are manifestations of ASSD.
- Whole decision: Granted
The Board granted service connection for polymyositis and GERD, both of which are related to the Veteran's service-connected esophageal cancer.
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