The Board denied the reopening of a claim for service connection for the cause of death due to lack of new and material evidence, as neither the immediate nor contributing causes of death are shown to be related to herbicide exposure.
The deciding factor: The newly obtained evidence establishes presumed exposure to Agent Orange but does not show that the cause of death is related to this exposure.
- Claimed conditions
- Asphyxia, Cirrhosis of the liver
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 4, 2010
- Citation
- 1000230
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 1000230.
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.
- Remanded (sent back)
The Board remands the claims for service connection due to a need for additional evidence, specifically the Veteran's complete service treatment records and service personnel records.
- Denied
The Board denied service connection for a liver disorder, to include liver cancer as secondary to exposure to contaminated water at Camp Lejeune, and other than cirrhosis of the liver and hepatitis C.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including facial injury with six teeth missing, sinus disability, right eye injury, traumatic brain injury (TBI), bilateral hearing loss, tinnitus, acquired psychiatric disability, cirrhosis of the liver, diabetes mellitus type II, and cause of death, as well as Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C. § 1318, to the AOJ for further development.
- Remanded (sent back)
The Board has identified errors in the initial decision and requires a new VA examination to determine the nature and cause of the Veteran's hepatitis C infection, including its onset during service.
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