The Board has denied the appellant's request for an earlier effective date of July 22, 2004 for the award of service connection for cause of the Veteran's death due to a lack of entitlement under the law.
The deciding factor: The applicable law and regulations on the assignment of effective dates are binding in determining the outcome of this matter. The appellant was not provided with notice of the change in regulation, but the amendment became public knowledge in 2003 and is now codified in the regulations.
- Claimed conditions
- cause of death
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2010
- Citation
- 1027221
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 1027221.
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 claim for a clarifying opinion on whether the Veteran's service-connected disabilities caused his death through obesity as an intermediate step.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a need for additional evidence, specifically an autopsy report and a medical opinion.
- Remanded (sent back)
The Board remands the issue of service connection for the Veteran's cause of death, to include as a result of exposure to ionizing radiation, due to lack of substantial compliance with previous remand directives.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a pre-decisional duty to assist error and the need for a VA medical opinion.
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