The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that service connection could not be granted until ALS was added to the list of presumptive disabilities associated with military service during Operation Desert Shield or Desert Storm. The effective date for the grant of DIC benefits is fixed at December 10, 2001.
The deciding factor: The effective date for the award of DIC benefits could not be earlier than the effective date of the liberalizing law (December 10, 2001) due to the need to establish service connection based on a presumptive disability list that was updated after the original claim.
- Claimed conditions
- ALS
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2008
- Citation
- 0830188
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 0830188.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Denied
The Board denied service connection for the Servicemember's cause of death, including ALS, myasthenia gravis, and metastatic prostate cancer, as they were not incurred during or related to his military service.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
- Granted
The Veteran's cause of death was determined to be motor neuron disease with respiratory failure. The Board found that the Veteran had an ALS diagnosis and granted service connection for his cause of death, as it resulted from a motor neuron disorder.
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