The Board denied the appellant's appeal as she did not file a timely substantive appeal in response to the September 1999 decision denying her claims for service connection for cause of the Veteran's death and for DIC under the provisions of 38 U.S.C.A. § 1318.
The deciding factor: The Board found that the appellant did not complete the steps necessary to perfect her appeal by filing a timely substantive appeal within the required time frame, as she filed her statement in June 2007, which was well beyond the 60-day period from the issuance of the SOC and one year after notification of the rating decision.
- Claimed conditions
- cause of the Veteran's death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2011
- Citation
- 1137368
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 1137368.
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 the claim for service connection for the cause of the Veteran's death as new and relevant evidence was not received.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to be readjudicated based on new and relevant evidence.
- Remanded (sent back)
The Board of Veterans' Appeals is remanding the claim for service connection for the cause of the Veteran's death due to an error by the agency of original jurisdiction in failing to provide notice of the right to a pre-decisional hearing.
- Dismissed
The appeal for service connection for astrocytoma glioblastoma of the brain and the cause of the Veteran's death was dismissed due to a procedural defect in the modernized review system.
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