The Board denied the motion to revise or reverse a previous decision on the basis of clear and unmistakable error (CUE). The Board found that the new evidence did not meet the criteria for being considered material, as it was not relevant to the presumptive conditions listed for herbicide-exposed Veterans. Additionally, there was no duty to assist failure in connection with the October 2004 decision.
The deciding factor: The new allegations regarding exposure to Agent Orange were not relevant because the cardiovascular diseases that caused or contributed to the Veteran's death were not listed as presumptive conditions for herbicide-exposed Veterans at the time of the original decision. The duty to assist was also found sufficient in October 2004.
- Claimed conditions
- heart conditions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2010
- Citation
- 1020241
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 1020241.
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 has remanded the case due to inadequate medical opinions regarding service connection for heart conditions. The Veteran's lay statements and service treatment records are considered in assessing his claim.
- Denied
The Board denied the veteran's claims for increased ratings, TDIU, special monthly compensation, and Dependents' Educational Assistance due to insufficient evidence of a higher disability rating or unemployability.
- Denied
The Board denied service connection for diabetes, heart conditions, chronic kidney disease (CKD), left and right lower extremity neuropathy, and headaches as the evidence did not support a direct relationship to the Veteran's active service.
- Granted
The Board granted service connection for fibromyalgia and heart conditions, both presumptively linked to the Veteran's active service in the Southwest Asia theater of operations. The Board also granted a 70 percent disability rating for posttraumatic stress disorder (PTSD).
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