The Board denied the Veteran's claim for an earlier effective date for nonservice-connected pension, finding that there was no pending claim prior to August 21, 2006, and thus denying the claim.
The deciding factor: There is no evidence of a pending claim for pension prior to August 21, 2006, and the Veteran's March 2005 statement does not clearly indicate intent to file for pension rather than service connection.
- Claimed conditions
- End Stage Renal Disease, Kidney Failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2010
- Citation
- 1037936
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 1037936.
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 Veteran's ESRD is denied as not related to service, including herbicide agent exposure. The skin cancer of the right ear remains under remand for further evaluation.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that end stage renal disease was at least as likely as not due to active service.
- Granted
The Veteran's claims for service connection of ESRD, back disability, right knee disability, and left knee disability have been granted. A rating in excess of 10 percent for hypertension is denied.
- Remanded (sent back)
The Board has remanded the case due to inadequate development of evidence regarding the cause of death and its relation to service connection for exposure to herbicide agents. The Veteran died from acute myeloid leukemia with a contributing cause of end stage renal failure.
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