The Board denied the appellant's claim for an earlier effective date for service connection for cause of death, finding that the October 1999 rating decision was subsumed by the September 2002 Board decision and thus not subject to a CUE challenge. The Board also noted that the appellant's theory of hypothetical entitlement is not applicable in this context.
The deciding factor: The earlier effective date claim is dismissed as the October 1999 rating decision was subsumed by the September 2002 Board decision, and the appellant's theory of hypothetical entitlement does not apply to service connection claims for cause of death.
- Claimed conditions
- septicemia, pneumonia, diverticulitis, myocardial infarction
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2010
- Citation
- 1027552
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 1027552.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Granted
The Veteran's service connection claim for coronary artery disease with myocardial infarction is granted on a presumptive basis due to exposure to herbicide agents during his active duty in Korea.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an increased rating for coronary artery disease and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The decision is pending further action as private treatment records are needed.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
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