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 and Dependency and Indemnity Compensation (DIC) benefits, finding that there was no legal basis to grant the claim as a matter of law.
The deciding factor: The claim has been denied as a matter of law due to the lack of evidence supporting the claim and the fact that the appellant did not file an application to reopen her claim at any time between the RO's final rating decision and prior to the current effective date.
- Claimed conditions
- Cerebrovascular accident, Vascular hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2008
- Citation
- 0823542
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0823542.
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.
- Remanded (sent back)
The Board remands the claims for service connection for adrenal gland tumor, hypertension, enlarged node of the breast, congestive heart failure, kidney disability, pulmonary edema, cerebrovascular accident, Conn's disease, and paralysis of left lower extremity to obtain a VA examination and opinion.
- Remanded (sent back)
The Board has remanded the issue of service connection for residuals of cerebrovascular accident, as secondary to service-connected hypertension. The Veteran's claim will be further evaluated with an addendum opinion.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a medical opinion regarding the etiology of his cerebrovascular accident, which caused his visual field defect.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support exposure to herbicides during active service and thus denying presumptive service connection.
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