The Board denied the appellant's claim for an earlier effective date for the award of service connection for the cause of her husband's death, finding that the earliest possible effective date is October 7, 2004, when a new regulation included stroke as a presumptive condition for former POWs.
The deciding factor: The Board found that the appellant's claim for an earlier effective date lacked legal merit because the effective date of the grant of service connection for the cause of the veteran's death could not be earlier than the effective date of the October 7, 2004 amendment to include stroke and its complications.
- Claimed conditions
- stroke, cerebrovascular accident (CVA)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 8, 2008
- Citation
- 0822816
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 0822816.
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 service connection for coronary artery disease, hypertension, and stroke as there was no evidence of herbicide agent exposure during service and the medical opinions were against a nexus to service.
- Whole decision: Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Whole decision: Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for a medical opinion regarding whether the Veteran's stroke and its residuals are related to his service in Southwest Asia, given the PACT Act provisions.
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