The Board denied the appellant's application to reopen her prior claim for entitlement to service connection for the cause of the Veteran's death, finding no new and material evidence. However, since the March 1992 decision, a change in law added stroke and its complications as presumptive diseases for former POWs, even if there is no record of the disease in service.
The deciding factor: The appellant did not submit new and material evidence to reopen her prior claim, but the addition of stroke and its complications to the list of presumptive diseases for former POWs under a change in law allowed her to present a new theory of entitlement.
- Claimed conditions
- stroke, cerebral hemorrhage or embolism
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2009
- Citation
- 0916177
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0916177.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Denied
The Board denied service connection for coronary artery disease, hypertension, and stroke as there was no evidence of herbicide agent exposure during service and the medical opinions were against a nexus to service.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a medical opinion regarding whether the Veteran's stroke and its residuals are related to his service in Southwest Asia, given the PACT Act provisions.
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