The Board has dismissed the appellant's claim for an earlier effective date prior to April 1, 2003 for service connection for the cause of the Veteran's death as it was not timely filed.
The deciding factor: The appellant did not file a timely notice of disagreement regarding the assignment of the earlier effective date within one year of notification of the November 2003 rating decision.
- Claimed conditions
- Cause of Death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2011
- Citation
- 1107202
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 1107202.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has decided to remand the case for a new supplemental statement of the case (SSOC) due to additional evidence received after the most recent SSOC. The appellant is seeking an earlier effective date for service connection for cause of death.
- Remanded (sent back)
The Board has remanded the case due to uncertainty about the Veteran's exposure to herbicide agents, specifically in Guam. Additional development is needed to determine if the USS Enterprise was within 12 nautical miles of Guam or its territorial waters during the Veteran's service.
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