The Board has determined that the evidence submitted since the February 2007 decision is not new and material, thus denying the appellant's application to reopen her claim for service connection for cause of the Veteran's death.
The deciding factor: The additional evidence does not raise a reasonable possibility of substantiating the claim as it does not show that any disability of service origin contributed substantially or materially to cause the Veteran's death.
- Claimed conditions
- swollen left leg, hypertensive vascular disease, chronic obstructive pulmonary disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2011
- Citation
- 1127636
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 1127636.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
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The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
- Dismissed
The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.
- Denied
The Board denied service connection for hypertensive vascular disease, concussion, diabetes mellitus, seizure disability, bilateral pes planus, and an acquired psychiatric disorder (alcohol use disorder in sustained remission and PTSD). The effective date for hypertension was denied as the Veteran's claim was received within one year of the PACT Act.
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