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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0921849.
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.
- 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.
- Remanded (sent back)
The Board remands the matter to obtain relevant SSA records that could provide information pertinent to the Veteran's appeal.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.