The Board denied the claim to reopen due to lack of new and material evidence. The appellant's request was granted as new evidence has been submitted, but her claim for service connection for the cause of death is still denied because it was determined that the Veteran died from his own willful misconduct.
The deciding factor: The death certificate listed cardiac arrest due to asphyxiation from ethanol intoxication. The toxicology consultant's opinion did not establish alcohol intoxication as both the immediate and proximate cause of death, but found it to be an underlying cause. The Board concluded that alcohol intoxication was the principal cause of death.
- Claimed conditions
- Cardiac arrest, Asphyxiation from ethanol intoxication
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 10, 2009
- Citation
- 0921849
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. Search VA.gov for the original decision (opens in a new tab) using citation 0921849.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has determined that the Veteran's death was not caused by any service-connected disability, and therefore denied entitlement to service connection for the cause of his death.
- Whole decision: Remanded (sent back)
The Board remands the matter to obtain relevant SSA records that could provide information pertinent to the Veteran's appeal.
- Whole decision: Denied
The Board denied the claim for service connection for the cause of the Veteran's death, finding no evidence that a disability incurred in or aggravated by service either caused or contributed substantially to his cardiac arrest.
- Whole decision: Denied
The Board denied service connection for the cause of the Veteran's death on a basis other than the PACT Act, finding that there was no evidence to support exposure to herbicide agents during service in Thailand.
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