The claim for an earlier effective date for the grant of service connection for the cause of death was denied as no formal or informal claim for service connection for cause of death was received within one year of the Veteran's death in November 2001.
The deciding factor: There is no evidence of a claim within one year of the Veteran's death, and thus the effective date cannot be earlier than the date of receipt of the formal claim on August 30, 2005.
- Claimed conditions
- Cause of Death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906111
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.
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The appeal was dismissed due to the death of the appellant, rendering it moot.
- Denied
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- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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