The Board denied the application to reopen a claim of entitlement to service connection for the cause of the veteran's death, as new and material evidence was not received.
The deciding factor: The evidence added to the record since the last final denial in August 2005 is not both new and material. It does not relate to an unestablished fact necessary to substantiate the claim or raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- coronary heart disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900613
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.
- Partly granted
The Board granted service connection for basal cell carcinoma and a higher initial disability rating of 70 percent for other specified trauma-and-stressor-related disorder, while denying increased ratings for lumbosacral strain, right lower radiculopathy, bilateral hearing loss, chronic rhinitis, tension headaches, and mitral valve prolapse.
- Partly granted
The Board granted service connection for bilateral shin splints but denied service connection for chronic fatigue syndrome, fibromyalgia, chronic sinusitis, coronary heart disease, tremors of the hands, restless legs syndrome, obesity-hypoventilation syndrome, and hypertension.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded one issue.
- Granted
The Board granted service connection for coronary heart disease and diabetes type II under the PACT Act due to presumed in-service exposure to herbicide agents.
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