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.
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.
- Denied
The Board denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death due to an inadequate VA medical opinion and a need for additional evidence.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether the Veteran's acute hypoxemia, respiratory failure, and pneumonia were related to service or toxic exposure under the PACT Act.
- Denied
The Board denied the Veteran's claims for service connection for pneumonia and an increased rating for asthma, and remanded several other claims including those for heart condition, chronic low back condition, diabetes mellitus type II, GERD, hypertension, and sleep apnea.
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