The Board found that the August 1998 rating decision denying service connection for the cause of the Veteran's death was not clearly and unmistakably erroneous. The effective date for service connection for the cause of the Veteran's death is determined based on when entitlement arose, which in this case would be the date of receipt of the claim or the date entitlement arose, whichever is later.
The deciding factor: The August 1998 rating decision denied service connection for the cause of the Veteran's death due to lack of evidence linking his death to service or a service-connected disability. The Board found no CUE in this decision as there was no error that had not been made and would have changed the outcome.
- Claimed conditions
- Acute Myocardial Infarction, Hypertensive Atherosclerotic Cardiovascular Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 30, 2009
- Citation
- 0948978
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 0948978.
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 Veteran's service-connected CAD, acute myocardial infarction, CHF with CABG status PCI is granted a temporary total rating of 100% from December 23, 2023 to March 23, 2024. The remaining issues related to PVD, cervical spine disability, and lumbar spine disability are remanded for further evaluation.
- Whole decision: Denied
The Board denied dependency and indemnity compensation (DIC) based on service connection for the cause of the Veteran’s death due to multiple myeloma, coronary artery disease, acute myocardial infarction, and respiratory failure. The Board found that there was no evidence linking these conditions to the Veteran's military service.
- Whole decision: Denied
The Board denied the claim for service connection for cause of the Veteran's death, finding that there was no evidence showing a service-connected disability caused or contributed substantially to his death.
- Whole decision: Denied
The Board denied service connection for the cause of the Veteran’s death, finding that there was no evidence to support a link between his fatal heart conditions and military service.
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