The Board denied the reopening of the claim for service connection for the cause of the Veteran's death, finding that new and material evidence had not been received.
The deciding factor: The additional evidence submitted did not relate to an unestablished fact necessary to substantiate the claim and does not raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- Prostate carcinoma, Cardiovascular disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 15, 2009
- Citation
- 0947383
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 0947383.
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 denied service connection for cardiovascular disease, finding that it is not shown to be causally or etiologically related to any disease, injury, or incident during service. The Veteran's condition was attributed to post-service factors such as obesity and hypertension.
- Whole decision: Remanded (sent back)
The Board has remanded all five service connection claims due to a duty to assist error in failing to obtain National Guard records for ADT or IDT. The Veteran's exposure to insecticides during his New York Air National Guard service is considered presumptive for hypertension, cardiovascular disease, CKD, COPD, and CLL.
- Whole decision: Granted
The veteran was granted an effective date of September 11, 2019 for the award of a total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.
- Whole decision: Granted
The Veteran's cause of death is due to his exposure to hazardous chemicals and ionizing radiation during service, which the Board finds sufficient for direct service connection.
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