The Board found that new and material evidence had not been submitted to reopen the claim for service connection for the cause of the veteran's death.
The deciding factor: The evidence received since the August 2002 RO decision did not relate to an unestablished fact necessary to substantiate the claim, was cumulative and redundant, and by itself or in connection with the evidence previously of record, did not raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- pneumonia, sepsis secondary to pneumonia with peritonitis, metastatic skin malignancy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 6, 2008
- Citation
- 0814955
Veterans Law Judge
Decisions by this judge: 499 · Granted: 18% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0814955.
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 denied the Veteran's claims for service connection for pneumonia, diabetic ketoacidosis (DKA), and asthma as causes of death. The evidence did not support finding that these conditions were related to his service-connected disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for hypercholesterolemia, hypertension, and pneumonia due to insufficient evidence in the record. The Veteran's current diagnoses are not supported by the medical records provided.
- 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 Veteran's claims for service connection for left ankle disability, chronic sinusitis, bronchitis, and pneumonia are remanded due to the need for additional development including VA examinations.
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