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 assigned
- None in this decision
- Decision date
- May 6, 2008
- Citation
- 0814955
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.
- Denied
The Board denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death due to an inadequate VA medical opinion and a need for additional evidence.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether the Veteran's acute hypoxemia, respiratory failure, and pneumonia were related to service or toxic exposure under the PACT Act.
- Denied
The Board denied the Veteran's claims for service connection for pneumonia and an increased rating for asthma, and remanded several other claims including those for heart condition, chronic low back condition, diabetes mellitus type II, GERD, hypertension, and sleep apnea.
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