The Board has determined that the RO's decisions denying service connection for a heart disability and fatigue were not clearly and unmistakably erroneous.
The deciding factor: The evidence did not show clear and unmistakable error in the denial of service connection due to lack of medical documentation supporting these conditions during or shortly after service.
- Claimed conditions
- Heart Disability, Fatigue
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 15, 2009
- Citation
- 0939161
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 0939161.
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: Granted
The Veteran's heart disability has been rated at 100% from September 12, 2022 to August 18, 2023. He is also eligible for special monthly compensation and Dependents' Educational Assistance during this period.
- Whole decision: Denied
The Veteran's heart disability is currently rated at 60 percent from February 24, 2023.,The effective date for the grant of TDIU was set to February 24, 2023.
- Whole decision: Remanded (sent back)
The Veteran's PTSD is rated at 70 percent, and the Board has determined that a higher rating of 100 percent is not warranted.,Service connection for a back disability, fatigue, and sleep apnea are remanded due to duty-to-assist errors.
- Whole decision: Granted
The Veteran's claim for service connection for OSA as secondary to his service-connected restrictive lung disease has been granted.,The issue of entitlement to service connection for fatigue is being remanded.
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