The Board denied service connection for the cause of the Veteran's death due to a coronary occlusion, which was not considered physiologically possible from thrombophlebitis. The moving party argues that there was CUE because the cause of death should have been pulmonary embolism and the opinion linking thrombophlebitis to coronary occlusion would have been different.
The deciding factor: The Board did not consider the correct facts or apply the appropriate law in its decision, as the facts were known at the time of the decision.
- Claimed conditions
- thrombophlebitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 22, 2009
- Citation
- 0940155
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 0940155.
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: Remanded (sent back)
The Board remands the claim for service connection of phlebitis and thrombophlebitis, secondary to residuals of pericarditis, due to a lack of compliance with previous remand instructions.
- Whole decision: Denied
The Veteran's service-connected post-phlebitic syndrome of the left leg does not render him unemployable on an extraschedular basis, as his education and work history do not support a finding that he is unable to secure or follow substantially gainful employment.
- Whole decision: Granted
The Veteran's service-connected disabilities, including chronic obstructive pulmonary disease, require the regular aid and attendance of another person due to their severity. The Board finds that SMC based on aid and attendance is granted.
- Whole decision: Remanded (sent back)
The Board has ordered a remand due to inadequate compliance with previous remands, and the Veteran's thrombophlebitis of lower extremities is being reviewed for service connection.
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