The Board denied the appeal to reverse the November 2006 severance of service connection and termination of DIC and Chapter 35 benefits, as well as denying service connection for the cause of the veteran's death based on respiratory disease.
The deciding factor: There was clear and unmistakable error in the June 2006 rating decision that granted service connection for heart disease, which had not been previously established. Additionally, there is no evidence linking COPD to asbestos exposure or other events during service.
- Claimed conditions
- heart disease, respiratory disease (COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0902982
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 an eye condition, hearing loss, heart disease, arthritis, and diabetes due to a regulatory duty to assist error.
- Denied
The Board denied service connection for ischemic heart disease, heart disease, and congestive heart failure as not being related to the Veteran's active service. The Board also denied an earlier effective date for a total disability rating based on individual unemployability.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for the Veteran's cause of death, for purposes of entitlement to dependency and indemnity compensation (DIC), as further development is necessary.
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.