The Board found that new and material evidence had not been submitted to reopen the claim for service connection for the cause of the veteran's death.
The deciding factor: The evidence did not establish a fact necessary to substantiate the claim, as it did not show treatment or diagnosis of cerebrovascular accident during service or within one year following separation from service, nor any link between the veteran's cause of death and his period of service.
- Claimed conditions
- cerebrovascular accident
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0902091
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 cerebrovascular accident, eczema, and valvular heart disease with supraventricular tachycardia to obtain updated TERA memo and VA medical examinations.
- Granted
The Board granted service connection for hypertension and conditions secondary to it, including peripheral vascular disease, cerebrovascular accident, left side weakness, and chronic kidney disease.
- Dismissed
The Board dismissed the appeals for service connection for cerebrovascular accident, ischemic heart disease, diabetes mellitus, type II, hypertensive heart disease, left lower extremity neuropathy, and left upper extremity neuropathy due to untimely notice of disagreement. The appeal for Parkinsonism was remanded for further development.
- Denied
The Board denied service connection for folliculitis, inguinal abscess, and other conditions, and remanded claims for rash, tinea cruris, and keloid scars. The 30 percent rating for acanthosis nigricans, diabetic dermopathy, and necrobiosis lipoidica was restored.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.