The Veteran's service-connected disabilities did not meet the statutory duration requirements for a 100 percent rating at the time of his death, and there was no clear and unmistakable error in prior determinations regarding his claims.
The deciding factor: There is no evidence to support a conclusion that the Veteran's death from acute CVA was caused by or related to his service-connected post-gastrectomy syndrome or hepatitis. The VA physician concluded that there is no evidence of treatment for either condition in the months immediately preceding the Veteran's death.
- Claimed conditions
- Post gastrectomy syndrome, Hepatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2009
- Citation
- 0911028
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.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his alcohol-related causes of death were etiologically linked to a service-connected disability.
- Partly granted
The Board granted service connection for a lumbar spine disability and denied an initial compensable rating for right foot hammer toes, while remanding the claim for service connection for hepatitis.
- Partly granted
The Board granted service connection for a left knee condition and a right knee condition, but denied service connection for bilateral hearing loss, hepatitis, left ankle pain, right distal tibia fracture, and vasovagal syncope.
- Denied
The Board denied the veteran's claim for a combined rating in excess of 60 percent for service-connected disabilities.
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.