The Board found no clear and unmistakable error in the 1976 decision denying service connection for organic heart disease, as the correct facts were known at the time and there was no evidence of aggravation during service.
The deciding factor: The Board concluded that even if it had not specifically referenced a notation on the claim form regarding visits to sick call in service, this error would not have manifestly changed the outcome because the probative evidence did not show any evidence of in-service aggravation of a pre-existing heart condition.
- Claimed conditions
- organic heart disease, atrial septal defect
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907948
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of January 25, 2019, for the award of service connection for atrial septal defect.
- Denied
The Board denied service connection for both atrial septal defect and bilateral deuteranopia, finding that these conditions are congenital defects not aggravated by military service.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a heart condition, to include supraventricular arrhythmia, valvular heart disease, and atrial septal defect, as there has not been substantial compliance with previous remand directives.
- Remanded (sent back)
The Veteran's organic heart disease, including coronary artery disease and bypass surgery, is being remanded for further development regarding his exposure to Agent Orange during service. His diabetes mellitus claim is also referred for action.
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