The Board has determined that there is no legal basis for the appellant to seek an earlier effective date for the grant of service connection for the cause of the Veteran's death and eligibility to DEA. The appeal is dismissed.
The deciding factor: There was no timely notice of disagreement filed within one year from the January 1997 rating decision, which became final due to the lack of a valid claim prior to December 1996.
- Claimed conditions
- cause of the Veteran's death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2009
- Citation
- 0944678
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 0944678.
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 denied the claim for service connection for the cause of the Veteran's death as new and relevant evidence was not received.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to be readjudicated based on new and relevant evidence.
- Remanded (sent back)
The Board of Veterans' Appeals is remanding the claim for service connection for the cause of the Veteran's death due to an error by the agency of original jurisdiction in failing to provide notice of the right to a pre-decisional hearing.
- Dismissed
The appeal for service connection for astrocytoma glioblastoma of the brain and the cause of the Veteran's death was dismissed due to a procedural defect in the modernized review system.
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