The Board denied the veteran's claim for an earlier effective date of September 27, 2001 for the grant of service connection for mastectomy, left breast, with painful scar. The decision was based on the lack of a pending unadjudicated formal or informal claim for this benefit prior to September 27, 2001.
The deciding factor: The veteran's May 1974 application for VA benefits did not constitute a pending unadjudicated claim for service connection due to secondary service connection requirements and the specific nature of the claim. The RO denied an increased rating based on the underlying service-connected disability, hypertension, rather than the mastectomy.
- Claimed conditions
- mastectomy, left breast, hypertensive cardiovascular disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2008
- Citation
- 0830951
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 0830951.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's hypertension is related to herbicide exposure during service and contributed substantially to his cause of death.,Service connection for both hypertension and the cause of death (hypertensive cardiovascular disease) is granted.
- Remanded (sent back)
The Board has remanded the claims of service connection for the cause of the Veteran's death and entitlement to VA DIC under 38 U.S.C. § 1151 due to a need for further evaluation regarding the relationship between any identified pulmonary/respiratory disability, including bronchial asthma, and active service.
- Denied
The Board has denied service connection for the cause of death and remanded the issue of a compensable disability rating for bilateral defective hearing.
- Remanded (sent back)
The Board has decided that the cause of the Veteran's death is related to his service-connected disabilities, but further medical opinion is needed to determine if these conditions contributed substantially or materially to his death.
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